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Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling

April 19, 2023 2883 Views 0 comment Print

Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the […]

Raw material supplier cannot be implicated for clandestine removal of goods by buyer

April 19, 2023 1230 Views 0 comment Print

The raw material supplier cannot be implicated for clandestine removal of the goods by the buyer of the raw material.

HC reduces Pre-Deposit For Filing Appeal considering liquidity crunch

April 19, 2023 1302 Views 0 comment Print

G.S. Promoters Pvt. Ltd Vs Commissioner Of Central Excise And CGST (Delhi High court) The petitioner has filed the present petition, inter alia, seeking waiver of pre-deposit of 7.5% of duty for maintaining an appeal against the order-in-original dated 26.11.2021, passed by the Commissioner, Adjudication, Central Tax, GST, Delhi East. Court is unable to accept that […]

Coal smuggling to evade tax- HC refuses to quash criminal petition

April 19, 2023 558 Views 0 comment Print

Abdul Kadir Vs State of Assam (Gauhati High court) The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR registered under Sections 120(B)/379/420 of the Indian Penal Code (IPC in short). HD held that petitioner is alleged with an offence of evading payment of taxes to […]

HC set aside Income Tax Notice issued & Order passed on dissolved LLP

April 19, 2023 1485 Views 0 comment Print

Notice under Section 148A(b) & order U/s. 148A(d) of Income Tax Act against an entity (LLP), which was no longer in existence is invalid.

FTC cannot be denied if Assessee file return within extended due date with Form No. 67

April 19, 2023 477 Views 0 comment Print

Assessee filed return of income within extended due date with Form No. 67 & complies with requirement of Rule 128(9) and entitled to claim FTC

Service tax small scale exemption allowed as appellant not taken any Cenvat credit

April 19, 2023 1047 Views 0 comment Print

Harish Tex Mach Pvt Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In terms of Notification No. 6/2005-ST, the exemption was provided upto the aggregate value of Rs. 4 lakh in the year 2005-06, 2006-07 and Rs. 8 Lakh in the year 2007-08 and 2008-09. Accordingly, the value of taxable services of the […]

Till Business commencement all expenses for Business set-up will be treated as Capital Expenditure

April 19, 2023 1119 Views 0 comment Print

Isolux Corsan Power Concession India Pvt. Ltd. Vs ITO (ITAT Delhi) In this case AO has treated Interest income as Income from other sources as Business of Assessee was not set-up in the year under consideration  and held as follows:- In the present case, the appellant has miserably failed to demonstrate that during the year […]

Section 73 and 74 provides for Recovery of erroneous GST refund

April 19, 2023 10866 Views 0 comment Print

Section 73 and 74 of CGST Act also provide for recovery of refund where the same has been erroneously granted.

GST Registration cannot be cancelled for allegedly being a bogus firm

April 19, 2023 17931 Views 0 comment Print

GST registration cannot be cancelled for allegedly being a bogus firm as it is not a ground enumerated under Section 29(2) of GST Act

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