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Breach of condition of notification cannot be said to be a dispute with respect to valuation

November 23, 2022 906 Views 0 comment Print

Commissioner of Central Excise Customs And Service Tax Mysore Vs Such Silk International Ltd. (Supreme Court of India) High Court has dismissed the appeal filed by the Department under Section 130 of the Customs Act as not maintainable by observing that as the dispute can be said to be a dispute with respect to valuation […]

Loss cannot be disallowed merely for Code modifications by stock broker

November 23, 2022 1089 Views 0 comment Print

Code modifications carried out by the stock broker should not affect the claim of the assessee unless it is proved that the assessee has colluded with the stock broker in carrying out the modification

No one-to-one requirement correlation to claim Cenvat Credit

November 23, 2022 2085 Views 0 comment Print

CESTAT held that in respect of utilisation of Cenvat credit there is no requirement of one to one correlation and cross utilisation of credit is permissible.

No service tax on amount received as facility charges for electricity expenses

November 23, 2022 1080 Views 0 comment Print

Nai Dunia Media Pvt. Ltd. Vs Commissioner of Central Goods & Service Tax and Central Excise (CESTAT Delhi) Appellant urges that there is no dispute about the fact that the appellant have shared the electricity received from MPEB with Web Dunia, PPPL and others on proportionate (reimbursement) basis. Admittedly, the appellant has not generated electricity. […]

Refund hit by unjust enrichment if no documents produced to prove non-passing of incidence of Duty to Buyers

November 23, 2022 1332 Views 0 comment Print

Aurolab Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue is whether the refund claim is hit by the bar of unjust enrichment. Undisputedly, the appellant has mentioned the duty element in the invoices issued to the buyers. The presumption envisaged in section 12B of Central Excise Act, 1944 then applies and the […]

Ad-hoc disallowance for absence of vouchers – ITAT directs AO to examine vouchers

November 23, 2022 927 Views 0 comment Print

Sh. Jasdeep Singh Vs ITO (ITAT Delhi) Ld. Counsel for the assessee submitted that the assessee has furnished all the vouchers. He submitted that the Assessing Officer remarked that vouchers of Rs.5,31,271/- of Taj Mahal Hotel were not furnished is totally wrong as the same was duly furnished and there is no specific defect pointed […]

Draft IFSCA (Maintenance of Insurance Records and Submission of Requisite Information for Investigation and Inspection) Regulations, 2022

November 23, 2022 570 Views 0 comment Print

DRAFT – International Financial Services Centres Authority (Maintenance of Insurance Records and Submission of Requisite Information for Investigation and Inspection) Regulations, 2022

Appellants cannot bypass remedy of appeal by invoking writ jurisdiction of HC

November 23, 2022 1449 Views 0 comment Print

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court) It appears that in an earlier round of litigation wherein the appellants had challenged the notice issued by the respondents under Section 8(4) of the PMLA Act, learned writ court had declined to grant indulgence in favour of the appellants and the writ […]

Delayed appointment of Wholetime Company Secretary- MCA Imposes Penalty

November 23, 2022 2061 Views 0 comment Print

Section 203(5) of Companies Act, 2013 imposes penalties for non-compliance with provision regarding appointment of a Whole-time Company Secretary

Diversion of imported gold to Domestic Market instead of Export- SC Grants bail to accused

November 23, 2022 1128 Views 0 comment Print

It is alleged that rather than exporting gold jewellery in terms of the obligation, the jewellery was diverted in the domestic market and in the process the offences were committed by the appellant.

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