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GST demand based on promotion of business on social media – HC directs petitioner to Approach Appellate Authority

July 21, 2022 1560 Views 0 comment Print

Held that information available on the social media platform of petitioner shows that the event were conducted. Petition dismissed giving liberty to the Petitioner to approach the Appellate Authority.

Duty equal to cenvat credit availed not payable on capital goods cleared after put to use

July 21, 2022 1422 Views 0 comment Print

Held that the machines which are cleared after utilization cannot be treated as machines cleared as such. Accordingly, duty equal to cenvat credit not payable as prescribed under rule 3(5) of CCR, 2004

Pending government dues cannot be recovered from property leased to assessee

July 21, 2022 1671 Views 0 comment Print

Held that it is settled that the government dues against the assessee cannot be recovered from the owner of the property which was leased out to the assessee against whom the dues are pending

Unregistered Satakat not supported by other evidence doesn’t possess evidentiary value

July 21, 2022 1815 Views 0 comment Print

Held that no part consideration of acquisition of asset/property was paid on alleged execution of possession-cum-Satakat and there is no other corroborative evidence to substantiate the claim of assessee. Capital gain treated as STCG instead of LTCG.

Duty demand due to clandestine removal doesn’t sustain in absence of independent & tangible evidence

July 21, 2022 1752 Views 0 comment Print

Held that the allegation of clandestine production and removal has to be established against any person by independent and tangible evidence. No demand exists in absence of such evidence.

Drawback u/s 74 not available to importer availing benefit of notification no. 27/02-Cus

July 20, 2022 5610 Views 0 comment Print

Bombay High Court held that importers who fall under Notification No. 27/02-Cus dated 1st March 2002 are not entitled to any drawback under Section 74 of Customs Act 1962.

Service tax demand merely based on TDS/26AS statement is unsustainable

July 20, 2022 5748 Views 0 comment Print

Held that the demand of services tax is not sustainable on the basis of TDS /26AS statements.

Sale of software products is not royalty income so not taxable in India

July 20, 2022 1368 Views 0 comment Print

Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.

Section 263 revision without recording errors found in order is unsustainable

July 20, 2022 738 Views 0 comment Print

Held that Commissioner should not simply relegate the point that the assessment order is erroneous to the AO. The Commissioner, after analyzing the record, ought to have recorded a categorical finding and provided valid reasons as to how the assessment order is erroneous. Revision unsustainable

Extended period of limitation cannot be invoked in absence of willful misstatement/suppression of fact

July 20, 2022 2235 Views 0 comment Print

Held that the conclusion that mere non-payment of duties is not equivalent to collusion or wilful misstatement or suppression of fact is untenable as the Act contemplates a positive action which betrays a negative intent of wilful default.

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