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Manual plastic scrap segregation from rest of scrap not amounts to manufacture or production

March 6, 2023 819 Views 0 comment Print

CESTAT Delhi held that mere manual segregation of plastic scrap from the rest of the scrap is neither manufacturing nor producing the plastic scrap and hence no central excise duty is chargeable on removal of the same.

Interest u/s 234A & 234B leviable only till date of self-assessment tax & not beyond

March 6, 2023 5745 Views 0 comment Print

ITAT Rajkot held that interest under section 234A and 234B can be levied only up to the date of self-assessment tax paid and not for period beyond that date.

Non-renewal of courier licence in international carriage without granting opportunity to explain is unjustified

March 6, 2023 402 Views 0 comment Print

Bombay High Court held that refusal to renew the courier licence registration in international carriage under the Courier Imports and Exports (Clearance) Regulations 1998 without granting an opportunity to explain is unjustified.

Addition towards unsecured loans unsustainable as genuineness established

March 6, 2023 2805 Views 0 comment Print

ITAT Ahmedabad held that all necessary details and evidences to establish genuineness of the unsecured loans duly furnished by the assessee, accordingly, addition towards the same unsustainable.

Penalty u/s 271F not leviable as post search there was delay in providing seized documents

March 6, 2023 1962 Views 0 comment Print

ITAT Rajkot held that penalty under section 271F of the Income Tax Act not leviable as post search there was delay in providing seized documents. Further, Checking, cross checking and reconciliation of datas was a very lengthy process is also a reasonable cause for non-furnishing of income tax return.

Post ex-parte order if appellant appears with sufficient cause, Tribunal may set aside the ex-parte order

March 6, 2023 2850 Views 0 comment Print

Delhi High Court held that in terms of rule 24 of the ITAT Rules, when the Tribunal has ex-parte disposed of the appeal on merits and thereafter the appellant appears, the Tribunal shall set aside the ex-parte order and restore the appeal if sufficient cause is shown.

Assistant Commissioner is necessarily required to implement decision of Tribunal

March 6, 2023 1308 Views 0 comment Print

CESTAT Delhi held that to maintain judicial discipline, the Assistant Commissioner had necessarily to implement the decision of the Tribunal. Denial of refund pursuant thereto is unjustifiable.

Striking off companies name due to default in submitting statutory record due to some internal disputes is unsustainable

March 6, 2023 1479 Views 0 comment Print

NCLAT Delhi held that striking off of the companies name due to default in submitting of a statutory record because of some internal disputes among the shareholders and management is unsustainable in law.

Rectification petition filed after 5 years from date of assessment order is unwarranted

March 6, 2023 975 Views 0 comment Print

Madras High Court held that rectification petition filed after 5 years under Section 84(1) of the Tamil Nadu Value Added Tax Act, 2006 from the date of assessment order is unwarranted in law.

Applicability of proviso to section 2(15) should be based only on facts & circumstances of each case

March 6, 2023 918 Views 0 comment Print

ITAT Bangalore held that applicability of the proviso to 2(15) of the Act cannot be on the basis of the default of the parties in not participating in the proceedings but should be on the basis of facts and circumstances of each case. Accordingly, matter remanded for fresh consideration.

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