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Re-open online portal or accept manual filing of Form TRAN-1 -HC

December 14, 2021 1530 Views 0 comment Print

Due to compelling circumstances and because of the technical glitches and difficulties, assessee was not able to file TRAN-1 form, therefore, High Court directed GST Authority to re-open online portal to enable filing of Form TRAN-1 electronically or accept manually.

Enhanced penalty on Customs House Agent for mis-declaration of goods justified

December 14, 2021 2826 Views 0 comment Print

Since the provisions under the Regulations to punish the Customs House Agent for violation and contravention of the Regulations was in addition to the penal provisions prescribed under the parent act, namely, the Customs Act, therefore,  mis-declaration of goods and attempt to export such goods by assessee-customs house agent was punishable under Section 114 of the Customs Act.

Cross-examination of witness could not be demanded before filing of reply to SCN & before commencing of adjudication.

December 13, 2021 3111 Views 0 comment Print

Any statement recorded prior to the issuance of such show-cause notice is not a statement recorded in the course of an inquiry or proceeding and no right accrues in favour of a noticee to insist that he be offered for cross-examination the witnesses, whose statements have been recorded.

No right to challenge search proceedings in case assessee availed benefit of restriction of penalty to 15%

December 13, 2021 1140 Views 0 comment Print

Where assessee availed the benefit of restriction of penalty to only 15% of tax and the seizure of cash was setting off against the outstanding balance amount of GST, interest and penalty, assessee had no right to challenge the concluded search proceedings.

Right of Karta to execute agreement to sell or sale deed of a joint Hindu family property is beyond cavil: SC

December 13, 2021 7068 Views 0 comment Print

Beereddy Dasaratharami Reddy Vs V. Manjunath (Supreme Court of India) Right of the Karta to execute agreement to sell or sale deed of a joint Hindu family property is settled and is beyond cavil vide several judgments of this Court including Sri Narayan Bal and Others v. Sridhar Sutar and Others,2 wherein it has been […]

Quashing of demand of service tax as inclusion of T/o of manufacturing unit for quantification of amount for reversal of CENVAT Credit was appropriate

December 10, 2021 837 Views 0 comment Print

Service Tax demand was quashed as inclusion of turnover of Manufacturing unit for quantification of amount for reversal of CENVAT Credit was appropriate since for the entire remaining activities of the Puducherry manufacturing unit, the centralized service tax registration at Bangalore was applicable, which was as a SERVICE PROVIDER as well as an INPUT SERVICE DISTRIBUTOR.

HC refers Matter back to Commissioner as it was not possible to take a definite view

December 4, 2021 1632 Views 0 comment Print

Since no definite view could be taken that the notice was beyond the period of limitation in terms of the proviso to sub-section (1) of Section 73 and it depend upon the factual examination and adjudication by the adjudicating authority, therefore, the matter was remitted back to the Central Tax Commissioner.

Mining rights provided by Govt will not fall under category of ‘Support Services’

December 4, 2021 2841 Views 0 comment Print

Service of granting of mining rights provided by the Government would not fall under the category of ‘support services’ and after 01.04.2016 the liability was always cast upon the service recipient

HC grants anticipatory bail to person accused of fraudulently availing & passing on fake ITC

December 2, 2021 3006 Views 0 comment Print

Anticipatory bail was granted to a person accused of fraudulently availing and passing on fake Input Tax Credit (ITC) worth Rs. 72 Crores with some stringent conditions in view of the prior conduct of assessee.

No cenvat credit on catering service availed by assessee-employer to provide food & beverages in factory canteen

December 2, 2021 2889 Views 0 comment Print

Toyota Kirloskar Motor Private Limited Vs Commissioner of Central Tax (Karnataka High Court) No cenvat credit on outdoor catering service availed by assessee-employer for providing food and beverages in factory canteen Conclusion: Services received by assessee in the capacity of employer for providing food and beverages in the canteen maintained and run in the factory […]

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