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Archive: April, 2024

Posts in April, 2024

Ongoing Investigations & Provisional Assessments: CAAR Cannot give ruling

April 11, 2024 1593 Views 0 comment Print

In re L S Metal Vina LLC (CAAR New Delhi) – CAAR cannot give ruling where there is an ongoing investigation or assessment has been made on provisional basis

Raw Silicon Carbide Bricks for DPF application falls under CTH 6902 2040

April 11, 2024 765 Views 0 comment Print

CAAR Mumbai held that Raw Silicon Carbide Bricks for DPI application merit classification under Custom Tariff Heading 6902, more specifically under CTH 6902 2040 of First Schedule of Customs Tariff Act, 1975

GST Search Authorization by Joint Commissioner without recording reasons is invalid

April 11, 2024 1140 Views 0 comment Print

Read the full text of the judgment/order by Allahabad High Court regarding the unauthorized search and seizure in the case of Gaurav Saurav Traders.

HC Quashes Order as SCN was delivered at old address despite intimation of new address

April 11, 2024 918 Views 0 comment Print

Mahaveer NX challenges a customs order citing address discrepancy & lack of hearing. Madras HC sets it aside, directing issuance of SCN for correction.

Inadequate Hearing Violates Section 75(4) of CGST Act 2017: Order Unsustainable

April 11, 2024 690 Views 0 comment Print

Analysis of M. Kandasamy Vs Deputy State Tax Officer-2 case reveals how inadequate hearing led to unsustainability of order under CGST Act 2017.

Proper Officer Can Open GST Portal for Filing Returns Upon Full Compliance

April 11, 2024 678 Views 0 comment Print

Explore the case of Akshya Kumar Sahu v. Commissioner, CGST & Central Excise, where the Orrisa High Court directs the opening of the GST portal for filing returns. Learn about the conditions and implications.

GST Appellate Authority can extend Period for filing an appeal: Calcutta HC

April 11, 2024 2061 Views 0 comment Print

Learn how the Appellate Authority can extend the period for filing an appeal, as established by the Honble Calcutta High Court. Understand the legal implications and principles of natural justice.

Audit of Foreign Exchange Transactions

April 11, 2024 11995 Views 0 comment Print

Understand foreign exchange audit: realized and unrealized gains/losses, accounting treatment, examples, and modern technology’s role in accurate accounting

Vessel Construction Contract Cancellation: Capital Receipt, Exempt from Section 28(iv)

April 11, 2024 477 Views 0 comment Print

Dive into the analysis of the Great Eastern Shipping Co. Ltd. Vs ACIT case regarding the taxation of foreign exchange gain written back on cancellation of vessel construction contracts under Section 28(iv) of the Act.

GST: HC directs to pass fresh speaking order with opportunity of personal hearing

April 11, 2024 1683 Views 0 comment Print

Court observed that the petitioner had provided a detailed reply addressing each head of the Show Cause Notice. However, the impugned order merely stated that the reply was not satisfactory without providing any substantive reasoning or analysis. The Court held that this lack of consideration rendered the order unsustainable.

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