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Duty passed on via supplementary invoice is eligible as cenvat credit

January 1, 2023 1701 Views 0 comment Print

CESTAT Ahmedabad held that duty passed on via supplementary invoice is eligible for cenvat credit as it is not due to reason of any suppression of fact, fraud, collusion or wilful mis-statement, etc and hence not barred by provisions of Rule 57AE of Central Excise Rules, 1944.

Deduction u/s 80P(2)(d) available on dividend & interest from investment with co-op bank

January 1, 2023 3030 Views 0 comment Print

ITAT Rajkot held that dividend income and interest earned on surplus held with cooperative bank would be eligible for deduction under Sec.80P(2)(d) of the Income Tax Act.

Cenvat eligible on insurance premium paid for group insurance of employees opting under VSS

January 1, 2023 1224 Views 0 comment Print

Reliance Industries Ltd Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) CESTAT Mumbai held that insurance premium paid for group insurance to cover employees opting for Voluntary Separation Scheme (VSS) amounts to input service and accordingly cenvat credit available under Cenvat Credit Rules, 2004. Facts- The appellant, M/s Reliance Industries Ltd, manufacturer of […]

Service of notice to last known address is valid service

January 1, 2023 2880 Views 0 comment Print

ITAT Rajkot held that service of notice to the last known address of the assessee cannot be held as invalid service of notice as assessee has left the place to unknown location without informing anyone.

Writ dismissed as order passed didn’t violated principles of natural justice

January 1, 2023 753 Views 0 comment Print

Kerala High Court dismissed the writ petition stating that the impugned order cannot be held to be in violation of principles of natural justice as the said order was preceded by a show cause notice and the petitioner was given an opportunity to reply to the same.

Mere change of opinion not based for reopening of assessment

January 1, 2023 585 Views 0 comment Print

Telangana High Court held that as all the material facts were fully and truly disclosed reopening of assessment on mere change of opinion is unsustainable in law.

Keyman Insurance Policy premium is allowable business expenditure

January 1, 2023 1500 Views 0 comment Print

ITAT Mumbai held that a Keyman Insurance Policy provides for an insurance policy taken by a business organisation on the life of an employee and hence allowable as business expenditure.

Tax from dealer/ manufacturer of motor vehicles based on total vehicles possessed and registered is ultra vires of OMVT Act

December 31, 2022 483 Views 0 comment Print

Orissa High Court held that circular dated 29th March 2016 issued by the Transport Commissioner-cum-Chairman, State Transport Authority is ultra vires of Odisha Motor Vehicles Taxation Act, 1975 OMVT Act and liable to be quashed. The circular directed to collect tax from the dealers/manufacturers of motor vehicles on the basis of total number of vehicles possessed and registered during the entire year by the dealer.

CCI cannot direct further investigation where DG has reported contravention of Competition Act

December 31, 2022 1812 Views 0 comment Print

NCLAT Delhi held that Competition Commission of India (CCI) can only direct further investigation in a case of closure and not where DG has submitted report showing contravention of Competition Act 2002 by parties.

Statutory provisions should be interpreted considering the legislative intention

December 31, 2022 1134 Views 0 comment Print

Supreme Court held that where the plain literal interpretation of a statutory provision produces a manifestly absurd and unjust result which could never have been intended by the Legislature the Court may modify the language so as to achieve the obvious intention of the Legislature.

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