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Customs duty payable on quantity of crude oil actually received in shore tank in India

December 31, 2024 585 Views 0 comment Print

CESTAT Bangalore held that the quantity of crude oil actually received into a shore tank in a port in India should be the basis for payment of customs duty. Thus, customs duty needs to be calculated based on crude oil received in shore tank.

Disciplinary action based on material doesn’t require interference: Punjab and Haryana HC

December 31, 2024 735 Views 0 comment Print

Punjab and Haryana High Court held that disciplinary action taken district judge based on the material is not merely on basis of inference hence writ dismissed stating that there is no scope for interference in the opinion formed by the disciplinary authority.

Addition u/s. 68 not sustained since genuineness of share capital transaction established: ITAT Kolkata

December 30, 2024 801 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act as unexplained cash credit not sustainable since identity, creditworthiness and genuineness of the transaction relating to the share capital sufficiently established.

Blocking of ITC lapses after one year as per rule 86A(3) of CGST Rules: Madras HC

December 30, 2024 888 Views 0 comment Print

Madras High Court held that as per rule 86A(3) of the Central Goods and Services Tax Rules, 2017 [CGST Rules] blocking of input tax credit available in electronic credit ledger lapses after a period of one year from the date of blocking.

Transaction already affirmed by Court during demerger cannot be again questioned by income tax department

December 30, 2024 1131 Views 0 comment Print

ITAT Delhi held that initial transaction of demerger of Passive Infrastructure Assets [PIAs] without any consideration qualifies as gift is already affirmed by the Hon’ble Delhi High Court while approving the demerger scheme.

Petition for waiver of pre-deposit u/s. 35F allowed as demand qualifies test of rare and exceptional case

December 30, 2024 1041 Views 0 comment Print

Delhi High Court allowed the petition for waiver of mandatory pre-deposit under section 35F of the Central Excise Act, 1944 since demand qualifies the test of rare and exceptional case. Thus, writ allowed.

Proceedings pending doesn’t preclude financial creditor to proceed u/s. 7 of IBC

December 30, 2024 699 Views 0 comment Print

NCLAT Delhi held that the pendency of proceedings before the NCLT for approval of the scheme of arrangement does in no manner either shall suspend the default committed by the Corporate Debtor or preclude the Financial Creditor to proceed with Section 7 application.

Order u/s. 263 not sustained since arguments or submissions of assessee not considered: ITAT Ahmedabad

December 30, 2024 642 Views 0 comment Print

According to the PCIT the quantum of disallowance as per Rule 8D works out to 1,98,36,285/- as against which the AO made disallowance of Rs. 86,88,523/- which has resulted into under assessment of income.

IBC: Non-Fund Based Agreement Interpreted to Ensure Workable Resolution Plan

December 28, 2024 573 Views 0 comment Print

NCLAT Delhi held that post approval of resolution plan Non-Fund Based [NFB] agreement has to be read in a manner to give effect to the resolution plan and not to make any clause of resolution plan otiose and unworkable.

Arrest in GST fake ITC held illegal due to discrepancies in arrest procedure

December 28, 2024 1404 Views 0 comment Print

Delhi High Court held that arrest of petitioner involved in availment of input tax credit against fake invoice illegal and set aside the remand order since various discrepancies were noticed in arrest procedure followed by the department.

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