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Settlement between parties cannot be directed by way of an order under IBC: NCLAT

September 14, 2023 1104 Views 0 comment Print

NCLAT Chennai held that any kind of settlement is between the Parties and no settlement can be directed by way of an Order under the Provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016).

Deduction u/s 80G for donations forming part of spend towards CSR available

September 14, 2023 1353 Views 0 comment Print

ITAT Hyderabad held that as conditions of Section 80G of the Income Tax Act are satisfied, the assessee is entitled to claim deduction under Section 80G of the Act in respect of such donations which formed part of the spend towards CSR.

Seizure unjustified as not established that gold jewellery is of foreign origin

September 14, 2023 1545 Views 0 comment Print

CESTAT Chennai held that seizure of gold jewellery unjustified as revenue failed to establish beyond doubt that gold jewellery seized is of foreign origin.

Cenvat credit left on closure of manufacturing unit allowable as deduction u/s 37(1)

September 14, 2023 411 Views 0 comment Print

ITAT Delhi held that unadjusted cenvat credit left on closure on manufacturing unit, which cannot be utilised further, is allowable as business expenditure under section 37(1) of the Income Tax Act

Cenvat available on naphtha used for generation of electricity which is consumed within factory

September 13, 2023 609 Views 0 comment Print

CESTAT Kolkata held that naphtha used for generation of electricity which is consumed within the factory of production is eligible for Cenvat Credit.

Deeming provision u/s 69 not applicable on unrecorded transaction as nature and source explained

September 13, 2023 2445 Views 0 comment Print

ITAT Chandigarh held that transactions which were not recorded at the time of survey are unrecorded transaction, however, as nature and source of such unrecorded transaction explained the same cannot be brought to tax under the deeming provisions of section 69 of the Income Tax Act.

Revocation of Customs Broker Licence unjustified without active or passive facilitation in mis-declaration/ undervaluation

September 13, 2023 531 Views 0 comment Print

CESTAT Delhi held that imposition of harsh punishment of revocation of Customs Broker Licence in absence of any active or passive facilitation in mis-declaration and undervaluation of imported goods unjustified.

Benefit of notification 67/95-CE available to molasses captively consumed for manufacture of rectified spirit

September 13, 2023 516 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 67/95-CE dated 16.03.1995 available in respect of molasses which is captively consumed for the manufacture of rectified spirit as rectified spirit is a dutiable excisable goods.

Non-allowance to cross-examination person whose statement is relied upon makes entire adjudication proceedings bad

September 13, 2023 5802 Views 0 comment Print

Calcutta High Court held that initiation of adjudication proceeding without allowing cross-examination of person whose statements recorded and relied upon in the adjudication proceeding makes the entire proceeding vitiated.

Demand of 10%/6%/5% on value of exempted goods not sustained as proportionate cenvat credit reversed

September 13, 2023 399 Views 0 comment Print

CESTAT Ahmedabad held that appellant is not liable to pay an amount equal to 10%/6%/5% of the value of exempted goods as proportionate Cenvat credit on common input service attributed to the exempted final product already reversed.

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