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Section 11AC penalty not valid If no Suppression of fact to evade Duty

April 15, 2023 807 Views 0 comment Print

Tansi Pump Unit Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts are that the appellants are registered as manufacturer of hand-pumps, EB line material, Benches, Desks etc. They availed small scale exemption under Notification No.8/2003-CE dt. 1.3.2003 and after crossing the exemption limit were clearing the products on payment of duty. Appellant […]

Clearance of excisable goods outside factory without payment of duty and without preparing any documents violate Excise Rules & procedure

April 15, 2023 975 Views 0 comment Print

Velji P & Sons Vs C.C.E. & S.T. (CESTAT Ahmedabad) The case of the department is that the appellant M/s. Rawmin Mining and Industries Pvt. Ltd. is 100% export oriented unit has cleared 444903.645 MTs of their final product namely Beneficiated Bauxite and stored at the plot allotted to their custom house agent and shipping […]

CESTAT allows SAD refund which was rejected for non-compliance of Notification No.102/2007-Cus. Dated 14.09.2007

April 15, 2023 552 Views 0 comment Print

S. Vaidya and Company Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant filed three refund claims for refund of SAD amount of Rs.10,97,996/-. After scrutinizing the documents, the adjudicating authority observed that the sales invoices were not endorsed with the mandatory declaration that “no cenvat credit can be […]

ITAT grants stay to Amazon Web Services Inc.

April 15, 2023 1329 Views 0 comment Print

Assessing Cloud Computing Tax Dispute – AWS Inc. challenges ITAT Delhi on Royalty & FTS, seeks conditional stay on outstanding demands.

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 852 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

Which states of the US are more involved in Cryptocurrency?

April 15, 2023 1023 Views 0 comment Print

The U.S. is emerging as a leader in the cryptocurrency industry, taking its place on the list of countries with the highest rates of crypto holdings. Despite only around 14% of Americans owning any form of digital currency, there has been an undeniable surge in interest from citizens across the nation recently.

Cenvat eligible on freight charges & CHA services availed upto port for export of goods

April 15, 2023 798 Views 0 comment Print

The issue is whether the respondent is eligible to avail credit on input services on freight charges and CHA services availed upto the port for export of goods.

State cannot tax benefit of wrong section 14A disallowance made by Assessee

April 15, 2023 654 Views 0 comment Print

DCIT Vs Bhilwara Energy Ltd. (ITAT Delhi) The assessee filed return of income declaring a loss of 16.13 crores. The assessee company suo moto disallowance an amount of Rs. 9.9 crores consisting of interest of Rs. 9.5 crorees and other expenses of Rs. 40 lakhs on account of disallowance u/s 14A read with Rule 8D. […]

Revisional Jurisdiction not Invokable If AO took one of Possible Views

April 15, 2023 510 Views 0 comment Print

Assessment order cannot be termed as erroneous and prejudicial to interests of revenue if AO has taken one of possible views of matter.

Tariff Notification No. 28/2023-Custom (N.T.) Dated: 13th April, 2023

April 13, 2023 1452 Views 0 comment Print

Notification No. 28/2023-Custom (N.T.) Dated:  13th April, 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 ) Notification No. 28/2023-Custom (N.T.) | Dated:  13th April, 2023 S.O. 1735(E).In exercise of the powers conferred by sub-section (2) […]

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