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Department not allowed to take different stand as principles laid down in previous case already accepted

February 18, 2023 705 Views 0 comment Print

CESTAT Chennai held that Revenue cannot take a different stand when the Revenue has accepted the principles laid down in a previous case. Accordingly, demand cannot be sustained.

Opportunity of hearing to be granted prior to cancellation of GST registration for non-filing of GST return

February 18, 2023 1299 Views 0 comment Print

Calcutta High Court held that non-filing of GST return vis-à-vis cancellation of GST registration, an opportunity of hearing should be granted to the petitioner who failed to file the GST return as incurred heavy loss and accordingly was under tremendous mental stress.

Delay condoned as Chartered Accountant was busy in filing of return of Income and GST returns

February 18, 2023 1206 Views 0 comment Print

ITAT Chennai held that a small delay of 9 days in filing of an appeal condoned on the basis of reasonable cause as Chartered Accountant was busy in filing of return of Income and GST returns.

Service tax not payable on additional incentive received by dealer for meeting certain targets

February 18, 2023 2304 Views 0 comment Print

CESTAT Delhi held that additional incentive received by the dealer for meeting certain targets is in the form of trade discount and is not a payment for any service. Accordingly, service tax not leviable on the same.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 939 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

Invocation of proviso to section 2(15) vis-à-vis publication of advertisement to be re-examined

February 18, 2023 678 Views 0 comment Print

Supreme Court remanded the matter for fresh consideration in respect of exemption u/s 2(15) or section 11 in respect of publication of advertisement for consideration in light of Ahmedabad Urban Development Authority.

Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 3606 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

Penalty u/s 114 of Customs Act not leviable on CHA for non-assurance of correct classification of goods

February 18, 2023 1263 Views 0 comment Print

CESTAT Chennai held that Custom House Agent (CHA) cannot be expected to examine and ensure the nature of the goods in the consignment. Accordingly, penalty u-s 114 of the Customs Act cannot be levied on CHA alleging that they didn’t ensure correct classification of the goods.

Responsibility under regulation 10(n) doesn’t mandate customs broker to keep continuous surveillance on client

February 18, 2023 1140 Views 0 comment Print

CESTAT Delhi held that responsibility of the Customs Broker under Regulation 10(n) does not include keeping a continuous surveillance on the client to ensure that he continues to operate from that address and has not changed his operations.

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 8031 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

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