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Guidance Note for Verification of CGST Transitional Credit Claimed In TRAN-1/TRAN-2

November 10, 2022 15171 Views 0 comment Print

The jurisdictional tax officer and the counterpart tax officer shall verify the transitional credit claimed under the CGST or the SGST head, as the case may be, by referring to the guidelines detailed in Annexure I

CESTAT upheld Section 11AC penalty on intentional short payment of duty

November 8, 2022 393 Views 0 comment Print

Meghmani Organics Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute about the duty and interest which were already paid by the appellant on pointing out by the audit. The only limited issue to be decided by me in the given facts and circumstances are that whether the appellant is […]

AVETCS systems not eligible for benefit of Notification No. 20/2003-ST

November 8, 2022 492 Views 0 comment Print

Chashmita Engineers Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Appellant is seeking benefit of Notification No. 20/2003-ST in respect of the service provided by them in respect of AVETCS system. Services provided for AVETCS as follows: “The Automatic Vehicle Entry Tax Collection System (AVETCS) of Commissioner of Transport constitutes electronic weigh bridges, CCTV system, computers, […]

Remission of duty eligible on finished goods destroyed in fire incident

November 8, 2022 492 Views 0 comment Print

Bajaj Herbals Private Ltd Vs C.C.E. (CESTAT Ahmedabad) CESTAT find that there is no dispute that a fire has taken place in the factory of the appellant due to short circuit and the finished goods was destroyed along with other material like packing materials and consumables. It is observed that immediately when the fire took […]

Interest on enhanced compensation u/s 28 of Land Acquisition Act, 1984 is exempt

November 8, 2022 1632 Views 0 comment Print

Kamla Devi Vs ITO (ITAT Delhi) In the present case, from the orders of the authorities below, it is clear that the authorities below have treated interest received by the assessee on enhanced compensation u/s 28 of the Land Acquisition Act, 1984 as ‘Income from other sources’ and denied exemption u/s 10(37) of the Act. […]

Abatement Notification benefit cannot be denied for Mismatch in Purchase Quantum

November 7, 2022 540 Views 0 comment Print

Jay Gurudev Construction Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) Issue involved is if the appellants are entitled to benefit of Notification No. 15/2004- ST for the period 2005-06 and 2007-08. It is noticed that the benefit has been denied by the Commissioner (Appeals) on the ground that the appellant has failed to produce any […]

Allowability of Bonus as Part of Partners Remuneration- ITAT restores matter to CIT(A)

November 6, 2022 1053 Views 0 comment Print

ITAT Patna partly allows appeal of Anil Kumar Singh. Orders restoration of the claim of remuneration, including bonus, based on Partnership Deed under Section 40(b)(v).

Section 154- No legal or factual issue on merits can be argued or re-argued if issue is highly debatable

November 6, 2022 471 Views 0 comment Print

Raymold Lighting Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT noted that this appeal is against the rectification order passed by A.O and the impugned order by CIT(A) on this order of rectification u/s. 154 of the Act dated 27.09.2017. We noted that in the original appeal filed before CIT(A) by the assessee, the assessee has […]

Global Trade Development Activity Expenses allowable: ITAT Delhi

November 6, 2022 312 Views 0 comment Print

ACIT (E) Vs National Association of Software and Service Companies (ITAT Delhi) GTD expenses, Global Trade Development Activity is an on-going program primarily for strengthening the ‘India’ brand, to put and maintain the status of the India IT-BPO industry on the map of the world, by strengthening its credentials in the specific international market, as […]

HC disposes petition with a direction to recompute GST interest – Section 50

November 6, 2022 840 Views 0 comment Print

V.L.S. Fibre Vs Assistant Commissioner of GST & Central Excise (Madras High Court) Heard Ms.S.Sarojini, learned counsel for Mr.R.Anish Kumar, learned counsel on record for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel for R1 and R2. 2. The challenge is to a notice of demand of interest under Section 50 of the Central Goods and […]

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