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Advance ruling application can be admitted during inquiry or investigation as it is not a ‘proceedings’ 

September 10, 2022 1428 Views 0 comment Print

HC observed that advance ruling application cannot be admitted on the issue which is pending or decided in any proceeding. However, inquiry or investigation does not come within the ambit of the word ‘proceeding’. Moreover, as per the facts of the present case, inquiry/ investigation started after filing of the advance ruling application hence cannot be rejected.

Voluntary deposit made during investigation & appropriated against demand cannot be treated as pre-deposit & thus cannot be refunded

September 9, 2022 1968 Views 0 comment Print

Sky Airways Vs Commissioner of Customs (CESTAT Delhi) Customs Duty Paid Voluntarily During Investigation cannot be claimed as refund when CESTAT remanded the matter for a fresh adjudication The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi (CESTAT) in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order […]

Interest is leviable despite the availability of credit in cash/credit ledgers if no payment was made in GST

September 8, 2022 7530 Views 1 comment Print

HC held that in a case where GST Liability has not been remitted, interest under Section 50 of CGST Act is leviable even if the taxpayer has adequate credit balance in his cash ledger or credit ledger.

MEIS Benefit cannot be denied due to Technical Error in Electronic System

September 8, 2022 1524 Views 0 comment Print

Due to technical error or lacunae in electronic system, petitioner cannot be deprived of its benefit/incentive under MEIS – Madras High Court

No Penalty for e-way bill expiry without giving opportunity of being heard

September 8, 2022 2880 Views 0 comment Print

Whether assessee can be penalized due to expired E way bill with transportation for genuine reason with no intention of tax evasion

Refund on Extra Duty Deposit should be automatic under Customs Act

September 7, 2022 5979 Views 0 comment Print

Assessee entitled to automatic refund of Extra Duty Deposit without filing of application for refund under Section 27 of Customs Act – CESTAT

CENVAT Credit allowable on Inputs used in production of electricity supplied Free of Cost to Sister Unit

September 6, 2022 1059 Views 0 comment Print

CENVAT credit allowed to the extent inputs are used for production of electricity which is transferred free of cost to its sister unit.

Interest on Custom duty Refund allowable from deposit date to refund date

September 6, 2022 3483 Views 0 comment Print

CESTAT held that, the appellant is entitled to interest at specified rate from date of deposit to date of refund. BBM Impex Pvt. Limited Vs Principal Commissioner of Customs (Preventive)

No ITC on goods/services used for installation of Solar Power Panels being Plant and Machinery

August 31, 2022 12495 Views 0 comment Print

Input Tax Credit not eligible on Goods/Services used in installation of Solar Power Panels, which are considered as Plant and Machinery

Ex-parte Order are violative of principles of natural justice

August 27, 2022 1854 Views 0 comment Print

HC set aside order denying ITC, raising demand & direction given for freezing bank account as order violates principles of natural justice

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