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High Court Extends One Time Settlement Time Period allowed by Bank

April 18, 2022 14886 Views 0 comment Print

High Court rules in favor of petitioner Amrik Singh, extending OTS payment deadline. Get insights on the DCB Bank case in Punjab and Haryana High Court

MEIS Scheme benefit cannot be given if petitioner not opted for it in Shipping Bill

April 18, 2022 3513 Views 0 comment Print

Adroit Industries (India) Ltd. Vs Union of India (Madhya Pradesh High Court) Facts of the case are not in dispute to the effect that the petitioner during the relevant period i.e. 2015-20 was entitled to avail the benefit of MEIS but could not avail of such benefit as the concerned staff did not declare the […]

Guidelines for conduct of personal hearing in virtual mode under GST/VAT

April 18, 2022 7665 Views 0 comment Print

In any proceedings before Appellate Authority/ Adjudicating Authority the appellant/respondent, shall give his consent to avail facility of personal hearing before such authority, through Video conferencing at the time of filing his appeal or immediately after issuance of this instruction, in case pending appeals/adjudication matter. He should also indicate his e-mail address for correspondence, etc.

School building for use by State Government for education cannot be considered a commercial building

April 18, 2022 3990 Views 0 comment Print

Revenue submits that said civil structure may be used for commerce or business. We hold that a School building will be used by State Government for education and cannot be considered a commercial building.

HC directs dept. to complete delayed final GST assessment proceedings within 2 Months

April 18, 2022 594 Views 0 comment Print

Modern Syntex Vs Assistant Commissioner of CGST And Central Excise (Gujarat High Court) The grievance of the writ-applicant is that the final GST  assessment proceedings are yet to be undertaken. No final assessment order has been passed till this date. We have gone through the affidavit-in-reply filed on behalf of the respondents. We do not […]

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 2235 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Pre-deposit Payment by Parent Company is proper compliance: HC

April 18, 2022 291 Views 0 comment Print

St. John CFS Part Pvt. Ltd. Vs Commissioner of Central Excise (Madras High Court, Madurai Bench) Taking note of the pendency of the merger proceedings, the parent company namely, M/s.St.John Freight System Limited, deposited the money as directed by the conditional order. The Tribunal has refused to accept such deposit as a proper compliance with […]

Sale of Goods by Importer to Another not Legally Prohibited: CESTAT quashes Penalty

April 18, 2022 513 Views 0 comment Print

Freight Link Logistics Vs The Commissioner of Customs  (CESTAT Chennai) In the present case, it is not disputed that M/s. Vaaraahi Traders are licensed to import goods and that their IE Code is valid. The case set up by the department is that the goods imported are for the use / purchase of Shri A. […]

No Service Tax on Construction Services prior to 1st July 2010

April 18, 2022 2166 Views 0 comment Print

Jagdish Pala Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) We find that the Appellant are engaged in the construction of Residential and Commercial Complexes and received the booking amount as well as instilment amount from his buyers. Revenue proceeded against them on the ground that they have evaded payment of Service Tax on […]

CIT(A) cannot dismiss the appeal for non-prosecution

April 18, 2022 870 Views 0 comment Print

As a matter of facts, the income tax Act in section 251 of the I.T.Act dealing with the power of ld.CIT(A) does not provide for any power to the ld.CIT(A) to dismiss the appeal for non-prosecution.

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