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Request to simplify form filing process on new MCA/LLP portal

April 15, 2022 4809 Views 0 comment Print

Business cell of BJP-Rajasthan Requested for simplifying the form filing process on the new MCA/LLP portal or the Ministry of Corporate Affairs 15th April, 2022 To Smt. Nirmala Sitharaman Minister of Finance and Corporate Affairs Government of India New Delhi Sub: Request for simplifying the form filing process on the new MCA/LLP portal or the […]

Show cause notice travels beyond reasons: SC ask petitioner to urge before concerned authority

April 14, 2022 3393 Views 0 comment Print

Ganesh Ores Pvt. Ltd. Vs The State of Odisha & Ors. (Supreme Court of India) The petitioner had filed a refund claim, which was granted by the authorities. Subsequently, a notice was issued to the petitioner for recovery of the refund granted erroneously. The petitioner submitted that the revenue authorities should have filed an appeal […]

Classification of Tyre Pyrolysis Oil and tyre pyrolysis recovered carbon

April 14, 2022 6666 Views 0 comment Print

In re Pairan Pyrolysis Pvt. Ltd. (CAAR Mumbai) CAAR held that the tyre pyrolysis oil and recovered carbon black merit classification under subheadings 27101990 and 28030010 respectively, of the first schedule of the Customs Tariff Act, 1975. These items are not covered under the negative list of ISFTA. The goods are exempted from basic customs […]

CIT(A) is obliged to dispose of the appeal on merits

April 13, 2022 5667 Views 0 comment Print

Ld. CIT(A) is required to apply her mind to all issues which arise from impugned order before her whether or not same had been raised by appellant before her; and further, that CIT(A) is obliged to dispose of the appeal on merits.

Corpus donation received by Trust not registered under section 12A is not taxable

April 13, 2022 12057 Views 0 comment Print

Versova Kokni Sunni Jamat Trust Vs Centralised Processing Centre (ITAT Mumbai) CIT(A), though admitted that assessee is not registered under section 12A of the Act and thus no benefit of exemption could be allowed to the assessee under section 11 of the Act, rejected the contention of the assessee that irrespective of status of registration […]

Cenvat credit eligible on Factory Garden Services to Comply with Pollution Regulations

April 13, 2022 1899 Views 0 comment Print

Hubergroup India Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT 1find that the lower authorities had not denied the cenvat credit on gardening service per se but on the ground that the appellant have not established that the garden is maintained for the purpose of Pollution Control. This reason of the lower authorities is […]

Proportionate reversal of Cenvat credit cannot be objected for mere non-filing of declaration

April 13, 2022 897 Views 0 comment Print

Once, the appellant have reversed the Cenvat Credit proportionately, they have opted for the reversal of proportionate credit then the Revenue cannot insist for some other option which the appellant has not opted for. As regard, non-filing of the declaration, which is only the procedural requirement. Due to lapse of procedural requirement, substantial benefit of proportionate reversal of Cenvat credit cannot be objected to.

Revisional Jurisdiction cannot be invoked if no error in order of AO

April 13, 2022 672 Views 0 comment Print

Once it is held that there is no error in the order of ld. AO, the ld. PCIT would be precluded from assuming revisionary jurisdiction u/s 263 of the Act as one of the twin conditions mandated in section 263 is not satisfied.

Courier Services for Export of Goods eligible for Cenvat Credit

April 13, 2022 819 Views 0 comment Print

Matrix Comsee Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the limited issue to be decided that whether the Appellant is entitled for cenvat credit on Courier Service. I find that the Appellant claimed that the Courier Service was used for delivery of their export goods from their factory premises to the […]

Service Tax not payable on Toll Collection on behalf of NHAI

April 13, 2022 2613 Views 0 comment Print

Sitaram India Ltd. Vs Commissioner CE & CGST Division-E (CESTAT Delhi) It is observed that activity of collecting toll is covered under the negative list of services. The Appellant has been provided with the Fee Collection Rights i.e., the right to collect toll tax and not to provide any service on behalf of NHAI. Further, […]

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