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GST refund cannot be withheld for filing of appeal against refund order

May 6, 2023 3390 Views 0 comment Print

Brij Mohan Mangla Vs Union of India (Delhi High Court) In this case In terms of Orders passed by Appellate Authority, the orders rejecting petitioner’s application for GST refund have been set aside. The Appellate Authority has also directed restoration of the petitioner’s GSTIN registration. The record also indicates that the petitioner thereafter once again […]

Section 270A penalty cannot be imposed on addition on the basis of estimation

May 5, 2023 4962 Views 0 comment Print

Addition made on the basis of estimation cannot provide foundation for under-reported income for the purpose of imposition of penalty u/s 270A

Bogus Purchases addition: ITAT restricts the same to 6.50% of such Purchase

May 5, 2023 1908 Views 0 comment Print

Babulal Hajarimalji Jain Vs ITO (ITAT Mumbai) Undisputedly the entire addition in this case has been made by the AO as well as Ld. CIT(A) on the basis of guess work and estimation on the basis of some alleged information received from Sales Tax Department of Maharashtra and from DGIT (Inv.), Mumbai that “the assessee […]

IBC casts duty on IP to carefully plan his actions and not be negligent: IBBI

May 4, 2023 819 Views 0 comment Print

IBC casts duty on IP to carefully plan his actions and not be negligent while performing his functions and duties under Code. It is the professional’s responsibility and duty to actively and consciously perform his functions, and there should be no lapses while discharging his functions.

IP to take reasonable care and diligence while incurring expenses

May 4, 2023 699 Views 0 comment Print

Section 208(2)(a) of the Code mandates the IP to take reasonable care and diligence while performing his duties, including incurring expenses. He must, therefore, ensure that not only fee payable to him is reasonable, but also other expenses incurred by him are reasonable. The DC notes that during the personal hearing held on 28.04.2023, Mr. […]

CBIC imposes CVD on imports of Saturated Fatty Alcohols of Carbon Chain

May 4, 2023 3783 Views 1 comment Print

CBIC impose countervailing duty on imports of Saturated Fatty Alcohols of Carbon Chain length C10 to C18 and their blends originating in or exported from Indonesia Malaysia and Thailand for a period of 5 Years vide Notification No. 01/2023-Customs (CVD) Dated: 4th May, 2023. MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 01/2023-Customs (CVD) | Dated: 4th May, […]

If re-assessment order quashed than penalty levied has no legs to stand

May 4, 2023 1749 Views 0 comment Print

Since quantum appeal itself is being quashed, penalty levied as against reassessment order for furnishing inaccurate particulars has no legs to stand and same is liable to be quashed.

No liability to Pay Excise Duty on manufacturing by Independent Job Work Contractors

May 4, 2023 402 Views 0 comment Print

Comet Technocom Pvt. Ltd. Vs Commissioner of Central Excise & S. Tax (CESTAT Kolkata) The issue here is very short. The assessee sent materials to diverse job workers for manufacture of the final product. Only inspection of the finished goods was carried out at the premises of the assessee. If the job workers are proved […]

Any person registered or desirous of obtaining GST registration can seek Advance Ruling

May 4, 2023 1128 Views 0 comment Print

Calcutta High Court decision on Anmol Industries vs WB AAR case. Challenge to AAR rejection of GST exemption ruling application. Appellate authority option discussed.

Educational institution making huge surplus not eligible for section 10(23C)(vi) exemption: SC

May 4, 2023 15564 Views 0 comment Print

SC in UOI v. Baba Banda Singh Bahadur Education Trust held that educational institution making huge surplus is not eligible for section 10(23C)(vi) exemption

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