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Rate of duty/ exemption prevailing at time of filing ex-bond bill of entry is available

December 13, 2022 3792 Views 0 comment Print

CESTAT Ahmedabad held that the assessment in real sense takes place at the time of ex-bonding of the warehouse goods. Therefore, the effect of rate of duty, any exemption notification prevailing at the time of filing the ex-bond bill of entry shall be applicable and not the one which is applicable at the of in-bonding of the good.

Reopening of assessment bad in law as details were already available with AO

December 13, 2022 1671 Views 0 comment Print

ITAT Mumbai held that reopening of assessment alleging that assessee has failed to provide fully and truly all material facts necessary for his assessment is bad in law as details already made available to AO during the course of scrutiny assessment proceedings.

Order cancelling GST registration quashed as zero-supply lead to non-filing GST return

December 13, 2022 1029 Views 0 comment Print

Gujarat High Court held that due to zero supply it was believed that GST return is not required to be filed. Further, the consultant also didn’t advise the petitioner correctly. Accordingly, order of cancellation of GST registration on account of non-filing of GST return was quashed

Period of limitation u/s 11B doesn’t apply to refund claim filed for taxes paid under mistake

December 13, 2022 1281 Views 0 comment Print

CESTAT Mumbai held that limitation prescribed under Section 11B of Central Excise Act, 1944 not applicable to refund claims for Service Tax paid under mistake of law.

Dispute relating to passing on liability/ reimbursement thereof is arbitral in nature

December 13, 2022 2211 Views 0 comment Print

Delhi High Court held that the issue relating to passing on the liability or reimbursement thereof does not relate to the taxing power of the state or any action taken or an order made in exercise thereof. The contention that the dispute raised is non-arbitrable on the aforesaid ground is thus negative.

Property obtained resultantly of criminal activity culpable u/s 3 of PMLA, 2002

December 13, 2022 1665 Views 0 comment Print

Delhi High Court held that prima facie case is made out against the petitioner culpable under section 3 of the Prevention of Money Laundering Act, 2002 as property was obtained as the result of the criminal activity relatable to the scheduled offence.

Disability certificate issued by hospital cannot be doubted in absence of any rebuttable evidence

December 13, 2022 9930 Views 0 comment Print

Calcutta High Court held that disability certificate shows the disability was assessed by the doctor of the Board of Contai S.D. Hospital and their expertise and experience cannot be doubted in absence of any rebuttable evidence on record. Award granted by Ld. Tribunal justified.

Accused officer acquitted in absence of substantial evidence proving acceptance of bribe

December 13, 2022 5613 Views 0 comment Print

Telangana High Court held that the accused officer is entitled to acquittal as the prosecution failed to prove the guilt of the Accused Officer with substantial and constructive evidence that he had demanded and accepted the bribe.

Prosecution u/s 276C quashed automatically as penalties cancelled on merit

December 13, 2022 2652 Views 0 comment Print

Jharkhand High Court held that once the penalties are cancelled on the ground that there is no concealment, the quashing of prosecution under section 276C of the Income Tax Act is automatic.

Interest on sticky loans/ NPAs taxable on receipt basis

December 13, 2022 1296 Views 0 comment Print

Himachal Pradesh High Court held that Co-operative Bank is liable to tax the interest on the sticky loans/NPAs on receipt basis

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