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Initiation of CIRP cannot be barred based on SEBI order

September 17, 2022 4551 Views 0 comment Print

Held that initiation of CIRP under I&B code cannot be nullified by any order passed by SEBI nor can be a ground to reject an application.

Circular no. 125/44/2019-GST not apply to manually filed refund application

September 17, 2022 29745 Views 0 comment Print

Held that circular no. 125/44/2019-GST dated 18th November 2019 shall be applicable only to applications filed electronically on the common portal but would have no applicability to an application for refund which is filed manually.

GST registration cannot be granted on disputed premise

September 17, 2022 1818 Views 0 comment Print

Held that the license under the Act or registration under the GST Act cannot be renewed/ granted due to the fact that the subject premise is under dispute between two persons

Differential duty not chargeable on confiscated goods not allowed for redemption

September 17, 2022 1455 Views 0 comment Print

Held that the goods have been confiscated and no redemption was allowed, the duty liability cannot pass on to anyone but to the Government of India in whom the property vests.

Limitation under section 11B not applies to Cess on paper

September 16, 2022 708 Views 0 comment Print

Held that since Cess on Paper is not a duty of excise the provisions of Section 11B of the Central Excise Act would not apply

Denial of exemption under notification 50/2003-CE unsustainable

September 16, 2022 1035 Views 0 comment Print

Held that duty exemption benefit under notification no. 50/2003-CE dated 10.06.2003 cannot be denied because of a diversification of production capacity by adding new machines.

Melamina is a Syantan and can be imported duty free under DFIA

September 16, 2022 414 Views 0 comment Print

Held that Melamina is a Syantan and accordingly benefit of duty free import under DFIA licence under Notification No. 98/2009-Cus dated 11.09.2009 available

OLA being an intermediary is not liable to deduct TDS on payment to drivers

September 16, 2022 7056 Views 0 comment Print

ITAT Chandigarh held that the aggregator/ intermediary (OLA) acts merely as an intermediary and hence not liable to deduct TDS u/s 194C on payments made to drivers.

Transporter has right to seek release of conveyance under GST

September 16, 2022 1743 Views 0 comment Print

Held that while the owner or any person transporting the goods has been granted the right to seek release, the transporter has right to seek the release of conveyance alone.

GST: Detention proceedings cannot be transformed into confiscatory proceedings

September 16, 2022 1695 Views 0 comment Print

Held that the proper officer cannot transform the detention proceedings into a confiscatory proceeding. Further, power of confiscation can be invoked only in extraordinary circumstances.

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