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Failure to discharge statutory duty/obligation by refund sanctioning authority would be entitled to interest

December 28, 2022 723 Views 0 comment Print

HC set aside the order passed by the Deputy Commissioner denying the interest to the assessee for delayed refund and granted relief under Section 11BB of the Central Excise Act, 1944 (CE Act) to pay the interest at the rate of 6% per annum for committing delay in issuing service tax refund order.

GST registration cannot be cancelled on mere HO direction without assigning any reason

December 28, 2022 1098 Views 0 comment Print

HC Held that, no GST registration could be suspended or cancelled on basis of Head Office directions without assigning any reason.

Rejection of appeal due to delay of one day is a hyper technical & pedantic view

December 27, 2022 1986 Views 0 comment Print

HC Held that, rejection of appeal merely because of delay of one day is such a hyper technical and pedantic view of the matter to hold that even the delay of one day would be fatal to the maintainability of the appeal.

Opportunity of hearing must be provided to assessee before passing of an order

December 27, 2022 1254 Views 0 comment Print

HC set aside order confirming excess claim of ITC) passed by Assistant Commissioner (ST) on the ground that the Petitioner was not granted fair opportunity of hearing.

ex-parte Order in violation of principle of natural justice liable to be quashed

December 27, 2022 3138 Views 0 comment Print

HC held that order passed by the Assistant Commissioner of State Tax being ex-parte and in violation of principle of natural justice is liable to be quashed. Further, the High Court remanded back the matter to the Assistant Commissioner of State Tax to decide the case on merits and on the principles of natural justice.

Expenditure incurred during interval period of setting up of a new business & its commencement can be allowed as deduction

December 26, 2022 801 Views 0 comment Print

ITAT held that expenses incurred for pre- operative nature cannot be set-off against the interest income. Held that, expenditure incurred by a company during the setting up of new business and its commencement can be allowed as deduction.

Assessee allowed to take reimbursement of additional GST liability on contract/work order awarded in pre-GST regime

December 26, 2022 1857 Views 0 comment Print

HC allowed petition filed by assessee to seek reimbursement of additional tax liability on implementation of GST law for contracts and work orders which had been executed before GST regime.

Tax authorities can initiate afresh proceeding if earlier proceeding was invalid

December 26, 2022 1869 Views 0 comment Print

Calcutta High Court held that Income Tax authorities can initiate afresh proceedings if the previous proceeding were invalid as per law.

Transportation cost separately charged should not forms part of assessable value

December 26, 2022 1539 Views 0 comment Print

CESTAT held that transportation charges collected by way of issuing additional invoice cannot be included in the assessable value of goods for levying excise duty.

Entire purchase cannot be added to income when assessee not able to prove genuineness of supplier

December 24, 2022 7833 Views 0 comment Print

ITAT Held that, only 10% of the purchase would be added to the Appellant’s income in case where the Appellant was unable to prove the supplier’s identity. Further remanded back the matter for verification.

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