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Second notice mentioned reason for cancellation of GST registration hence petitioner directed to furnish reply

June 20, 2023 1044 Views 0 comment Print

Gujarat High Court directed the petitioner to furnish their reply as second show cause notice already issued by the department containing the reasons for cancellation of GST registration.

Trade discount is not to be added in the assessable value

June 20, 2023 1368 Views 0 comment Print

CESTAT Ahmedabad held that trade discount is not includible in the assessable value hence central excise duty is not payable on the same.

Payment of self-assessment tax is an existing liability u/s 132B for adjustment of seized cash

June 20, 2023 1971 Views 0 comment Print

ITAT Delhi held that payment of self-assessment tax is an existing liability u/s 132B for adjustment of seized cash. Accordingly, interest u/s 234B of the Income Tax Act not leviable.

Issue of notice u/s 148 against deceased assessee is null in the eyes of law

June 20, 2023 6552 Views 0 comment Print

ITAT Mumbai held that issuance of notice for re-opening of assessment under section 148 of the Income Tax Act against the deceased assessee is null in the eyes of law.

CVD based on retail sale price in case of prepared glues and other prepared adhesives justified

June 20, 2023 354 Views 0 comment Print

CESTAT Chennai held that collection of CVD on basis of retail sale price in terms of Notification No. 49/2008-C.E.(N.T.) dated 24.12.2008 issued under Section 4A of the Central Excise Act, 1944 in case of prepared glues and other prepared adhesives justified.

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 4527 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

Disallowance u/s 40(a)(ia) on account of non-deduction of TDS restricted to 30%

June 20, 2023 1941 Views 0 comment Print

ITAT Ahmedabad held that post amendment to section 40(a)(ia) of the Income Tax Act, as introduced vide Finance (No.2) Act, disallowance on account of non-deduction of TDS is restriction to 30% of the expenditure as against 100%.

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 1887 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

Interest not leviable when wrongly availed Cenvat credit is not utilized

June 20, 2023 1359 Views 0 comment Print

CESTAT Kolkata held that as per substituted provisions of Rule 14 of the CENVAT Credit Rules, interest is not leviable where wrongly availed credit is only taken but not utilized.

Depreciation on asset allowable if acquisition is not claimed as application of income

June 20, 2023 1527 Views 0 comment Print

ITAT Kolkata held that depreciation is allowable on asset of the assessee if acquisition is claimed as application of income. Notably, after change in law in section 11(6), assessee has not claimed acquisition of property towards application of income while computing the total taxable income.

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