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Tariff Notification No. 14/2023-Customs (N.T.) Dated: 15.03.2023

March 15, 2023 2541 Views 0 comment Print

Tariff Notification No. 14/2023-Customs (N.T.) Dated: 15.03.2023– Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 14/2023-Customs (N.T.) Dated: 15th March, 2023 S.O. 1237(E).—In exercise of the powers conferred by sub-section (2) of […]

SEBI (Foreign Portfolio Investors) (Amendment) Regulations, 2023

March 14, 2023 2220 Views 0 comment Print

These regulations maybe called the Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2023.

GST provisional attachment under section 83 cannot be extended

March 14, 2023 2658 Views 0 comment Print

HC held that provisional attachment under section 83 of CGST Act 2017 cannot be extended & also there is no order extending the same.

Non-Filing of CA Certificate with refund claim: CESTAT allows filing

March 14, 2023 1032 Views 0 comment Print

It is seen that the Certificate from the Chartered Accountant is mandated under Para 3(i) of the Notification if the refund claim amount is more than 0.5% of the FOB value of the goods exported. Since legislative intention is not to export the taxes, I feel that an opportunity can be given to the Appellant to file the Chartered Accountant’s Certificate in terms of Para 3(i) of Notification No. 41/2012-S.T. dated 29/06/2012.

Appellate authority cannot pass ex-parte order for mere non-submission of grounds

March 14, 2023 810 Views 0 comment Print

Merely because petitioner failed to submit grounds of appeal as an attachment at the time of filing its memo of appeal in Form No. 35, could not be a basis for appellate authority to pass order ex-parte especially when submissions sufficiently reflected the grounds on which order of assessment was being challenged in appeal proceedings.

ITC Blocking: SCN issued in mechanical manner is without authority of law

March 13, 2023 11688 Views 1 comment Print

The Hon’ble High Court was pleased to apply live link test i.e. the expression ‘reason to believe’, to denote reasons, which are based on tangible material and have a live link with the formation of the belief. Also, the Hon’ble High Court observed that blocking of electronic credit ledger is a drastic step, and therefore it was necessary for the concerned officer to have some material to form a belief that the conditions under Rule 86A of the Rules are satisfied.

Without Suppression of Facts or Fraud Extended Period of Limitation cannot be invoked

March 13, 2023 1185 Views 0 comment Print

Once there is no averment either in SCN or impugned orders regarding availment of benefits by suppression of fact or fraud, invoking extended period of limitation is not proper

Addition for Unexplained Jewellery – ITAT grants relief considering Status & Traditional Practices

March 13, 2023 693 Views 0 comment Print

Mohamed Mohideen Ayesha Nasreen Vs ACIT (ITAT Chennai) ITAT held that it could be seen that assessee is living with her husband and three children (Two daughters and one son) in USA. She has got married in the year 2003. In this letter, the assessee has submitted that approx. 1201 grams of jewellery belong to […]

Unjust enrichment not attracted to deposit during investigation or to pre-deposit for appeal

March 13, 2023 2487 Views 0 comment Print

Apex Court held that unjust enrichment not attracted where amount is deposited during investigation and pendency of appeal, as such deposits are under protest or in the nature of pre-deposit.

Cultivation of high quality foundation seeds of peas, wheat, paddy & potato is agricultural activity

March 13, 2023 1194 Views 0 comment Print

Malook Singh Vs PCIT (ITAT Delhi) CIT(A) held that cultivation of high quality foundation seeds of peas, wheat, paddy and potato is different from normal agricultural activity. Against this, the assessee has submitted all the bills & vouchers for expenses like lease rent, power bills, fertilizer, seeds, labour, wages and details of sale and mandi […]

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