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Issuance of notification no. DCOM(I&C)/AC/CR.22/10-11) under KVAT is constitutionally valid

April 6, 2023 360 Views 0 comment Print

Karnataka High Court held that petitioner failed to prove how notification no. DCOM(I&C)/AC/CR.22/10-11) dated 24.05.2010 is in violation of the provisions of the Karnataka Value Added Tax, 2003 or the Constitution of India. Accordingly, notification no. DCOM(I&C)/AC/CR.22/10-11) dated 24.05.2010 issued by authorities to track movement of goods is valid.

Penalty under rule 26 of CER rightly imposed on CA for false issuance of performance certificate

April 6, 2023 882 Views 0 comment Print

CESTAT Ahmedabad held that penalty under rule 26 of Central Excise Rules rightly imposed on the Chartered Accountant who issued false performance certificate to fraudulent parties based on which fraudulent advance license were obtained.

Brushing aside SC judgement by observing that review petition is preferred by revenue is untenable

April 6, 2023 2136 Views 0 comment Print

Delhi High Court directed the concerned officer to revisit the application preferred under section 197 of the Income Tax Act as the concerned officer simply by-passed the Supreme Court judgement in Engineering Analysis by observing that revenue has preferred a review petition. Such approach of officer is untenable.

Cenvat Credit eligible on materials used in manufacture of storage tank & pollution control equipment

April 6, 2023 630 Views 0 comment Print

CESTAT Kolkata held that cenvat credit is available in respect of iron and steel, cement, welding electrodes etc. used in manufacture of storage tank and pollution control system.

Revocation of cancellation of GST registration: HC directs petitioner to file returns

April 6, 2023 2040 Views 0 comment Print

Karnataka High Court in the case of revocation of cancellation of the registration for non-filing of returns, allowed the petition and directed Superintendent of Central Tax to pass suitable order for revocation in case pending returns are furnished by petitioner within a period of four weeks.

Revocation of ITC – HC Directs petitioner to approach appellate authority

April 6, 2023 858 Views 0 comment Print

Madras High Court, in the case of revocation of Input Tax Credit, directed the petitioner to approach the appellate authority by way of statutory appeals within a period of three weeks

TNVAT: Disallowance of ITC due to mismatch to be dealt as per Circular No. 5 of 2021

April 5, 2023 8256 Views 0 comment Print

Madras High Court directed to deal with the matter of disallowance of ITC on account of mismatch between returns filed by the petitioners and returns filed by purchasing/ selling third party dealers as per Circular No. 5 of 2021 dated 24.02.2021

Penalty u/s 271(1)(c) not leviable for human error committed by accountant

April 5, 2023 4077 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable on account of human error committed by the accountant as the same is not willful attempt to conceal income.

CIT(A) directed to consider additional evidence as non-submission was due to serious ailment

April 5, 2023 2709 Views 0 comment Print

ITAT Delhi CIT(A) directed to accept the additional evidence and submission and pass the order after granting adequate personal hearing as there was reasonable cause of ailment that prevented assessee to supply documents and replies.

NIDB data cannot be relied if its of different quantity & quality of goods

April 5, 2023 1110 Views 0 comment Print

CESTAT Kolkata held that NIDB data cannot be relied upon when it is relating to different quantity and quality of goods. Further, enhancement of value based on LME prices untenable in view of unambiguous certificates from the manufacturers of the impugned goods.

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