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Unsustainable order of blacklisting wouldn’t operate for future application as an HGO

February 19, 2023 1935 Views 0 comment Print

Delhi High Court held that debarment of Haj Group Operator (HGO) was based on Income Tax Return which was later on rectified. Accordingly unsustainable order of blacklisting would not operate so as to render the petitioner disqualified in case it was to apply for enlistment as an HGO in the future years.

Interest free advance by foreign exporter for expansion not includible in value of goods supplied to India

February 19, 2023 858 Views 0 comment Print

CESTAT Delhi held that interest free advances received by the foreign exporter not includible in the value of goods supplied to India when advances are for expansion of production facility and future production activity.

Interest on refund of pre-deposit @6% duly entitled from date of deposit when demand set aside

February 19, 2023 15636 Views 0 comment Print

CESTAT Ahmedabad held that appellant is duly entitled for interest on refund of pre-deposit amount @6% from the date of deposit of pre-deposit till the date of refund in a case where the Tribunal has finally passed the final order setting aside the demand.

Direction given to submit an additional reply against notice issued u/s 174 of CGST Act

February 19, 2023 1134 Views 0 comment Print

Madras High Court directed the petitioner to submit an additional reply to the Show Cause Notice issued under section 174 of the Central Goods and Service Tax Act 2017.

Change in classification of Tariff Heading for availing lower Tariff rate benefit is not allowable

February 19, 2023 2067 Views 0 comment Print

Calcutta High Court held that petitioner not allowed to change the classification of Tariff Heading for availing lower rate of Tariff under GST regime as petitioner never contested classification under Central Excise Tariff Act and enjoyed Duty Drawback accordingly.

Accommodation entries through shell companies – Bail granted on the basis of period of incarceration & delay in investigation

February 19, 2023 1263 Views 0 comment Print

Delhi High Court held that the applicant is established to be a mastermind of the whole operation only on the basis of statements under section 50 of the Prevention of Money Laundering Act 2002. Also period of incarceration and delay in investigation justifies a prima facie release of applicant on bail.

Order of reprimand uphold as provisions of section 21 of CA Act, duly complied & member found guilty

February 19, 2023 4815 Views 0 comment Print

Bombay High Court held that provisions of section 21 of the Chartered Accountant Act 1949 duly complied and respondent found guilty. Accordingly held that order of reprimand of the respondent will serve th e ends of justice.

Freight for delivering goods to buyer premises not includible in assessable value

February 19, 2023 1332 Views 0 comment Print

CESTAT Hyderabad held that value of freight charged for delivering goods to buyers premises is not includible in the assessable value for the purpose of payment of central excise duty.

Addition u/s 68 unsustainable as identity and creditworthiness of share subscribing companies proved

February 19, 2023 2136 Views 0 comment Print

ITAT Kolkata held that assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions. Accordingly addition made towards share capital and share premium u/s. 68 unsustainable.

Value of free supply not includible in gross amount charged for levy of service tax

February 19, 2023 1161 Views 0 comment Print

CESTAT Ahmedabad held that the value of free supplies cannot be included in the gross amount charged for the purpose of levy of service tax.

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