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‘Welding electrodes’ eligible for MODVAT credit

November 22, 2022 795 Views 0 comment Print

Manikgarh Cement Vs Commissioner of Central Excise (CESTAT Mumbai) The question that arises is whether ‘welding electrodes’ are ‘consumables’ as held by the original authority or are used in the manufacture of excisable goods and, therefore, eligible for MODVAT credit as claimed by the assessee. It is the claim of the appellant that within ‘capital […]

Google Reviews not have any Legal Evidentiary Value, HC allows bail

November 16, 2022 1230 Views 0 comment Print

The argument addressed by the learned HCGP that the google search discloses that the petitioner has cheated number of persons which is evident from the review cannot be accepted as it does not have any legal evidentiary value.

ITAT upheld addition for LTCG of accommodation/bogus entries through penny stock companies

November 16, 2022 3336 Views 0 comment Print

Manish Goel Vs ITO (ITAT Kolkata) ITAT find that in the case of Swati Bajaj (supra), the facts before the Hon’ble Jurisdictional High Court, were that the assessee has claimed exempt income under section 10(38) of the Act at Rs.28,23,500/- from sale of equity shares of a listed company namely Surabhi Chemicals & Investment Limited. […]

If classification proposed by Revenue is incorrect, than classification declared by appellants cannot be disturbed

November 16, 2022 1434 Views 0 comment Print

Utkarsh Chemicals Vs C.C. Mundra (CESTAT Ahmedabad) The common issue involved in all the appeals of the bunch as well as in the present appeals is of classification of goods declared by the appellant as Bed Cover and the revenue’s claim is that imported goods is ‘polyester woven fabric’ classifiable under CTH 54075490. Brief facts […]

Requirement of Registration of foreign food manufacturing facilities as per Food Safety and Standards (Import) First Amendment Regulations, 2021 dated 03.11.2021

November 14, 2022 1509 Views 0 comment Print

Instruction No. 30/2022 -Customs F. No. 401/66/2022-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) Room No. 229 A, North Block New Delhi, dated the 14th November, 2022 To All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive)/ Customs & Central Tax All Principal Chief Commissioner […]

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

November 10, 2022 17805 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 729 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 693 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 801 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 2193 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. […]

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