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No Deemed Dividend If Loans & Advances in Normal Business benefits both Payer & Payee

June 20, 2022 1002 Views 0 comment Print

ITAT held that where loans and advances are given in normal course of business and transaction in question benefits both payer and payee companies, provisions of section 2(22)(e) cannot be invoked.

CESTAT imposes penalty for Sale of Gas Cylinder without scrapping as per Gas Cylinder Rules, 2004

June 20, 2022 465 Views 0 comment Print

Appellant have sold /disposed of the cylinder without scrapping it which is mandatory as per the Gas Cylinder Rules, 2004. For contravention of provisions, the appellant was rightly imposed penalty under section 112(a) of Customs Act, 1962.

ITAT imposes Cost on Assessee for Lackadaisical & non co-operative attitude

June 20, 2022 360 Views 0 comment Print

ITAT imposes cost of Rs.25,000 for lackadaisical and non co-operative attitude of the assessee towards the quantum proceedings

In absence of specific allegation & proof extended limitation period cannot be invoked

June 20, 2022 1461 Views 0 comment Print

It has merely stated that the fact of non-payment would not come to notice but for the verification of the audit department. In the absence of any specific allegation and proof that the appellant has suppressed facts, the extended period cannot be invoked.

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 1464 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

CENVAT Credit eligible on Insurance Services incurred for Employee

June 20, 2022 681 Views 0 comment Print

Every industry under statutory norms required to take group Medi-claim Insurance, Group personal accident insurance, insurance, motor car/vehicle insurance etc. from the insurance companies for which the payment of premium is paid by the assessee and the same is accounted in their books of accounts as expenditure.

Transfer Sought by Wife cannot be denied for Inconvenience of Husband’s POA Holder

June 18, 2022 1560 Views 0 comment Print

Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife.

CESTAT imposes Rs. 10 lakhs cost on appellant for abuse of process

June 17, 2022 627 Views 0 comment Print

Tasleem Ahmed Vs Commissioner of Customs, Central Excise and Service Tax (CESTAT Delhi) In this case appellant has clearly abused the process and has filed this appeal against the order dated June 30, 2017, which order was earlier assailed by the appellant by filing Excise Appeal no. 50087 of 2018 and this appeal was dismissed […]

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 2940 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

Cess credit refund cannot be denied for non-utilisation prior to GST regime

June 17, 2022 1731 Views 0 comment Print

Refund of credit of cess cannot be denied merely on the ground that such credit, which could not be utilized prior to GST regime, would stand lapsed.

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