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Archive: 05 May 2024

Posts in 05 May 2024

Remelted Zinc classifiable under CTH 790120 0: CESTAT Ahmedabad

May 5, 2024 372 Views 0 comment Print

Rajdev Inter Trade Pvt. Ltd. vs. C.C.-Mundra (CESTAT Ahmedabad) analysis: Remelted zinc deemed as zinc alloy, attracting 7.5% customs duty. Detailed order review.

Delhi HC Remits GST Registration Cancellation Order for Re-Adjudication

May 5, 2024 345 Views 0 comment Print

Delhi High Court sets aside an order regarding the cancellation of GST retrospectively in absence of a reply to an opportunity to hear under Section 75(4) CGST Act, remitting the matter for re-adjudication.

Penalty Order for Misreporting Income Unjustified When Under-Reporting Alleged

May 5, 2024 2007 Views 0 comment Print

Analysis of ITAT Hyderabad’s ruling on a penalty order, questioning misreporting of income when the issue was under-reporting, in Mohd. Sarwar Vs ITO case.

Assessee eligible for vacancy allowance under section 23(1)(c) for vacant commercial units

May 5, 2024 1224 Views 0 comment Print

Explore the detailed analysis of Mack Star Marketing Private Limited Vs National Faceless Appeal Centre Delhi regarding taxing unsold flats in real estate business, applicable from AY 2018-19. ITAT deletes notional rent addition for AY 2014-15.

No Confiscation/Fine for Non-Bonded Goods storage in Bonded Warehouse with Customs Dept. Permission

May 5, 2024 1221 Views 0 comment Print

CESTAT Mumbai rules in favor of Ganesh Benzoplast Ltd., stating no confiscation if prior permission taken for storage of non-bonded goods in bonded warehouse. Detailed analysis of the case provided.

Confirming differential duty not proposed in Show Cause Notice is unsustainable

May 5, 2024 726 Views 0 comment Print

Philips India Limited vs Commissioner of Customs (Air Cargo) case analyzed by CESTAT Chennai. Detailed order reveals why differential duty demand was unsustainable.

Contractor’s statement alone insufficient to establish a transaction as benami

May 5, 2024 1038 Views 0 comment Print

Allahabad High Court quashes benami transaction proceedings in Smt. Meera Pandey Vs Union of India case, stating contractor’s statement alone insufficient. Read full judgment.

Two separate SCN for same tax period: Delhi HC directs re-adjudication by one proper officer

May 5, 2024 1068 Views 0 comment Print

Delhi High Court orders re-adjudication of two SCN demanding GST for the same tax period, providing detailed analysis. Read the full judgment here.

Section 45 of PMLA Act does not bar application of Section 205 Cr.P.C.

May 5, 2024 642 Views 0 comment Print

Analysis of Lalita Mohan Das Vs. Assistant Director case at Orissa High Court regarding the applicability of PMLA Act Section 45 and Section 205 Cr.P.C. in granting exemption from personal appearance.

Expenses for completing transfer as per approved scheme of arrangement allowable

May 5, 2024 1482 Views 0 comment Print

In a case of transfer expenses, Mumbai ITAT directs to allow stamp duty & registration charges. Detailed analysis of the case provided here.

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