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Cenvat credit eligible on Materials for making Foundation of Machineries in factory premises

December 31, 2022 1146 Views 0 comment Print

Cenvat credit eligible in respect of Cement, TMT bars, MS angles, channels, beams, racks, plates, etc. used for making foundation of machineries installed in the factory premises and also for making structures for support of the plant.

Section 12AA Registration of Trust cannot be cancelled if objects & Activities are charitable

December 31, 2022 621 Views 0 comment Print

. The settled legal position is that while granting registration to a charitable institutions/Trust if it is at the commencement state the powers of the [CIT(E)] before whom the application is filed is limited to the aspect of examining whether or not the objects of the trust are charitable in nature.

No serious efforts in Investigation of illegal liquors cases in Punjab: SC

December 31, 2022 480 Views 0 comment Print

SC observed that It appears that no serious efforts seem to have been made to reach out to the real guilty/culprits who are in business of manufacture and transportation of such illegal liquors.

Mere use of term ‘mens rea’ not establishes willful attempt to evade tax

December 31, 2022 360 Views 0 comment Print

It is well settled that by merely using the expression mens rea, it would not amount to concluding that there was a willful attempt on the part of the dealer to evade the payment of tax.

Default in Appointment of CS: MCA RD reduces Penalty from Rs. 33.82 Lakh to Rs. 2.08 Lakh

December 29, 2022 144 Views 0 comment Print

Explore the adjudication order concerning Avanti Leathers Limited under the Companies Act, 2013, addressing penalties for non-compliance with section 203.

Rejection of GST registration solely for delay in moving revocation application, is not sustainable

December 26, 2022 792 Views 0 comment Print

Umesh Kumar Vs State Of U.P. And 3 Others (Allahabad High Court) The purpose of inserting the provision under Rule 23 of GST Rules, 2017 as to service of notice upon the assessee is to provide an opportunity to him to move a revocation application so as to save the registration from being cancelled permanently […]

Penalty for compounding of offence under Goa VAT – HC order fresh hearing

December 25, 2022 1005 Views 0 comment Print

Shekhar P. Vernekar Vs Commissioner of State Tax (Bombay High Court at Goa) 1. I have heard learned Counsel for the petitioner on this petition which assails an order dated 30 July 2021 passed under Section 53 of the Goa Value Added Tax Act, 2005 read with Rule 55 of the Rules whereby Commissioner of […]

No unjust enrichment on credit accumulation during Excise Law Regime

December 25, 2022 843 Views 0 comment Print

Nitin Industries (Trade Name) Vs Commissioner of Goods & Service Tax  (CESTAT Delhi) CESTAT find that admittedly, Save and Except taking forward of the credit balance as on 30.06.2017, the appellant have not commenced production or manufacturing activities nor cleared any taxable goods on or after 1.7.2017. Further, debit by the appellant in the electronic […]

TDS Credit eligible if Assessee offered income relating to said TDS

December 25, 2022 2091 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) The assessee has claimed credit for TDS amounting to Rs. 45,59,855/-, whereas DCIT, CPC has allowed TDS credit for Rs. 33,35,055/-. We find that the assessee has claimed credit for TDS pertains to earlier financial years, because income relating to said TDS has been offered to tax […]

CESTAT orders re-adjudication of CENVAT Credit issue decided by authorities under Old Theory

December 25, 2022 936 Views 0 comment Print

Kohler India Corporation Private Limited vs C.C.E. & S.T (CESTAT Ahmedabad) The facts of the case, in brief, are that a team of Central Excise Officers visited the factory premises of appellant and documents related to Cenvat Credit availed on services received from various service providers were called. Upon the examination of the appellant’s records/ […]

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