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Validity of Penalty for wrong availment of CENVAT Credit on Employee

April 19, 2023 1497 Views 0 comment Print

CESTAT held that penalty under Rule 15(1) on the present appellant, who is merely an employee of the Company, is not sustainable.

ITAT directs CIT(A) to adjudicate appeal filed manually instead of online

April 18, 2023 819 Views 0 comment Print

Deepak Shriniwas Mantri Vs ITO (ITAT Pune) This appeal by the assessee arises out of the order dated 26-09-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi in relation to the assessment year 2008-09. 2. I have heard both the sides and gone through the relevant material on record. It is seen that […]

Service Tax Refund rejection for non-matching of Invoice date: CESTAT remands matter back to Adjudicating Authority

April 18, 2023 1080 Views 0 comment Print

Acclaris Business Solutions Private Ltd Vs Commr. of CGST & CX, Kolkata North (CESTAT Kolkata) When the Appeal came up for hearing, the Ld. Counsel appearing on behalf of the Appellant submits that they had filed a refund claim for Rs.9,79,412/- in terms of Rule 5 of the Cenvat Credit Rules, 2004. The Adjudicating Authority […]

Reassessment Notice should specify reasons for escapement of income

April 17, 2023 936 Views 0 comment Print

RK Gupta And Son HUF Vs ITO (Delhi High Court) HC held that notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 shows, that a survey report was generated vis-à-vis Varun Capital Services Ltd. The said communication also alludes to the fact that assessee had entered into share transaction with Kisna […]

Immediate Re blocking of ITC Ledger after 1 year is Prima Facie Overreach of Rule 86A(2): Delhi HC [Read Order]

April 17, 2023 906 Views 0 comment Print

Namoshivai Apparels Pvt Ltd Vs Union of India & Ors (Delhi High Court) One of the questions that arises for consideration of this Court is whether the respondent can continue blocking the Input Tax Credit beyond the period of one year by unblocking if after the expiry of one year and immediately blocking it thereafter. […]

HC explains circumstances when bail already granted can be cancelled

April 17, 2023 1599 Views 0 comment Print

State of Madhya Pradesh Vs Sanjay Sharma (Madhya Pradesh HC) HC held that for cancelling the bail once granted the Court must consider whether any supervening circumstances have arisen or at the stage of post-grant of bail the conduct of accused demonstrate that it is no longer conducive to a fair trial to permit him […]

Commission from financial institution towards sale of their loan product is liable to Service Tax

April 17, 2023 1050 Views 0 comment Print

Commission received from the financial institution towards sale of their loan product is liable to Service Tax

HC imposes penalty on commissioner for casual approach & acting non-judiciously

April 17, 2023 15219 Views 0 comment Print

Casual approach of Commissioner State Taxes cannot be permitted since he is trying only to prevent payment of refund amount to petitioner.

SAD refund allowed even though condition 2(b) of Notification No.102/2007-Cus. not complied

April 17, 2023 570 Views 0 comment Print

Appellant is eligible for refund even though condition 2(b) of Notification No.102/2007-Cus. dated 14.09.2007 not been complied

Violation of Section 92(4) – MCA Imposes Penalty of Rs. 6.50 Lakh

April 17, 2023 6630 Views 0 comment Print

Government of India takes action against Ramudraurban Bachat Nidhi Limited for violating Section 92 of Companies Act, 2013. Detailed analysis and implications in this article.

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