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Section 271C penalty cannot be levied for mere delayed payment of TDS  

April 28, 2023 1881 Views 0 comment Print

No penalty is envisaged under Section 271C of the Income Tax Act for non-­deduction and for belated remittance /payment/deposit of the TDS.

ALP determined by ITAT can be challenged before HC for perversity & non observance of TP rules: SC

April 28, 2023 1194 Views 0 comment Print

Tribunal Decision determining ALP can be challenged on grounds of perversity & non observance of transfer pricing rules in individual cases

Customs Value declared by Assessee cannot be enhanced without rejecting it under Rule 12  

April 28, 2023 309 Views 0 comment Print

Enhancement of value of imported goods based on NIDB data and circular issued by DGOV without rejecting declared value under Rule 12 of Customs Valuation Rules, 2007 is not proper.

No interest on ITC wrongly availed but not utilised

April 28, 2023 6624 Views 0 comment Print

When ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. Making it clear that it is only in situations where there is a revenue impact that interest will become chargeable.

CESTAT upheld denial of Cenvat Credit on failure to produce evidence in support of job work claim

April 28, 2023 402 Views 0 comment Print

A manufacturer of finished goods is allowed the benefit of availment of CENVAT Credit on any inputs used in the manufacture of intermediate goods, processed by way of job work, availing the benefit of exemption as contained in MF, DR Notification No. 214/86-CE dated 25.03.1986, and received by them for use in or in relation to, the manufacture of final product.

No service tax on liquidated damages for breach of any contract terms

April 28, 2023 987 Views 0 comment Print

No service tax can be levied on the amount collected towards liquidated damages or penalty for breach of any of the terms of the contract.

Section 271(1)(c) penalty not Leviable on Deletion of Quantum Addition

April 28, 2023 1434 Views 0 comment Print

In the present case, the very addition in the declared income has been deleted by the Tribunal therefore, there is no foundation to compute the penalty upon the assessee. In view of the deletion of the additions in the quantum appeal, no penalty is imposable upon the assessee.

Duty demand cannot be confirmed without complying with remand order directed by CESTAT

April 27, 2023 321 Views 0 comment Print

In this case Tribunal had remanded the matter to the Original Authority as it was passed in the violation of principles of natural justice and therefore being not sustainable.

Draft FSS (Prohibition and Restrictions on Sales) Amendment Regulations, 2023

April 27, 2023 597 Views 0 comment Print

Draft Regulations 1. (1) These regulations may be called the Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulations, 2023. (2) They shall come into force on the date of their publication in official Gazette.

Penalty cannot be imposed on additions purely based on estimation of income

April 27, 2023 5181 Views 0 comment Print

Penalty order did not specify the charge & penalty was imposed purely on the basis of estimation of income so not valid

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