AIC Iron Industries Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The first issue involved in this case is whether the Appellant had availed irregular CENVAT Credit as arrived by the Department holding that it was paper transaction without receipt of raw materials. Second issue is whether under the circumstances and the facts […]
Gaurav Trading Company Vs State of U.P. (Allahabad High Court) This Court finds that by ex parte order the first appeal filed by the petitioner has been dismissed as he has failed to appear before the authority on 6.4.2021, 24.9.2021 and 2.11.2021. Taking a lenient view, this Court directs the Appellate Authority to reconsider the […]
CIT Vs Sardarmal Kothari (Madras High Court) There is no dispute about the fact that the assessees have invested the entire net consideration of sale of capital asset in the land itself and subsequently the assessees have invested large sums of money in the construction of the house. The cost of investment in land and […]
In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.
Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income
CIT Vs Swapnil Finance Pvt. Ltd. (Supreme Court of India) It is reported by learned counsel appearing for the respective parties that tax effect in both the appeals for the relevant Assessment Years – 1995-96 and 1996-97 would be less than Rs. 2 Crores which is the monetary limit to prefer an appeal before this […]
CBDT had issued guidelines dated 10th September, 2011 mandating prior approval of the CCIT for scrutiny assessment and in the present case that was not obtained.
Refund under Rule 5 of Cenvat Credit Rules also being a refund under section 11B would squarely fall within the ambit of Section 11BB and interest is payable in case of delay in sanctioning the refund under Rule 5
DCIT Vs Crystal Glaze (ITAT Ahmedabad) ITAT considered judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes vs. DCIT wherein addition was made only on basis of show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales and clandestine removal of goods and […]
Read about the CESTAT decision in the case of Globus Infocomm Ltd. vs. Principal Commissioner of Customs (Import), where the plea for change of classification was accepted. The order directs the re-examination of classification, duty demands, mis-declaration allegations, and penalties.