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Demand cannot be confirmed by relying on third-party evidence not cross-examined

October 21, 2021 2865 Views 0 comment Print

CESTAT held that the department cannot confirm a demand solely on the basis of third-party evidence without any opportunity being afforded to the manufacturer to cross-examine such evidence.

Limitation period for granting refund not applicable to refund of Custom duty paid in excess

October 21, 2021 3276 Views 0 comment Print

CESTAT held that when the customs duty is paid in excess, the department is liable to refund the same and the limitation provided under Section 27 of the Customs Act, 1962 will not be applicable.

GST on manufacture & supply of Fortified Rice Kernels to TNCSC

October 21, 2021 5787 Views 0 comment Print

In re Rasi Nutri Foods (GST AAR Tamilnadu) Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021 In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka (KAAR) held that Notification No.39/2017 CT(R) dated 18.10.2017  (Concessional Rate Notification) […]

Jharkhand HC quashes vague SCN on wrongful availment of ITC

October 19, 2021 11142 Views 0 comment Print

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN – Jharkhand High Court quashed the Show Cause Notice (SCN) in respect of wrongful availment of Input Tax Credit (ITC) as it was vogue, unclear and lacked serious details.

Share Transfer with no consideration chargeable to Income Tax

October 19, 2021 2061 Views 0 comment Print

ITAT Mumbai Bench ruled that Share Transfer without consideration or at a price lower than Fair Market Value (FMV) is chargeable to income tax.

HC orders CBI inquiry against erring officers of Customs & Anti-Evasion Unit

October 16, 2021 1992 Views 0 comment Print

Punjab HC initiated CBI enquiry to fix liability of erring Customs Department and Anti Evasion GST Units in respect of clearing of Consignment without making any entry.

HC took strong view against Carelessness by AO in Assessment

October 16, 2021 11295 Views 0 comment Print

HC has held that an assessment order passed by the Assessing Officer (AO) should necessarily be made with sound consideration and application of mind, and any absence thereof shall make the order liable to be set aside and would warrant imposition of substantial costs on such AO.

Custom Authority cannot insist for producing entire original VAT/ST challans if no deficiency memo

October 16, 2021 411 Views 0 comment Print

Aditya Chemicals Vs Commissioner of Customs (CESTAT Chennai) Production of original VAT or Sales Tax Challans not required for grant of SAD refund unless any deficiency memo is issued The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, Chennai (the CESTAT Chennai) in the case of M/s Aditya Chemicals v. Commissioner of Customs [Customs Appeal […]

SEZ entitled to refund under GST

October 14, 2021 6663 Views 0 comment Print

Section 54 of the CGST Act to ‘any person’ and would include the SEZ as well and accordingly, it shall be entitled to claim the refund of erroneously remitted tax.

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

October 14, 2021 3963 Views 0 comment Print

HC directs Department is to open the portal and allow the Petitioner to file declaration in Form GST TRAN-1 and GST TRAN-2 so as to enable them to claim the transitional credit of the eligible duties in respect of the inputs held in stock on the appointed day in terms of Section 140(3) of the CGST Act.

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