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Transaction cannot be doubted for mere non-reply to section 133(6) notice

January 19, 2023 14916 Views 0 comment Print

Merely because entity has not responded to section 133 (6) notice the transaction cannot be doubted and be treated as non-genuine

Furnishing of Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020

January 19, 2023 13440 Views 1 comment Print

Requirement of furnishing audit report in Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020 only.

CESTAT confirms Composite Penalty When Charges pertain to period prior to and after introduction of Section 11 AC of Central Excise Act

January 19, 2023 609 Views 0 comment Print

CESTAT not find any error in imposition of composite penalty under Rule 173 Q read with Section 11 AC as in the instant case all the charges have been confirmed and the charges pertains to both the period prior to introduction of Section 11 AC and thereafter. Therefore, penalty under both the provision could have been rightly imposed.

Rajasthan GST: Territorial Jurisdiction for Audit of Registered person

January 18, 2023 2829 Views 0 comment Print

Chief Commissioner, State Tax, Rajasthan, hereby assign the territorial jurisdiction under the said Act as mentioned in column no. 2 of the Table given below to the officers specified in column no. 3 of the said Table for the purpose of audit of a registered person for such period and at such frequency as assigned to them under Section 65 of the said Act.

Penalty not imposable for Non-obtainment of NOC from Drug Inspector for free to export Drugs

January 18, 2023 1221 Views 0 comment Print

It is evident that there was no requirement of NOC from the Drug Controller in respect of export consignment vide Shipping Bill No. 7099329 dt. 16.04.20 16 filed by the appellant for export of drugs to Liberia.

MEIS claimed on goods of foreign origin – CESTAT reduces Redemption fine & Penalty

January 18, 2023 480 Views 0 comment Print

Cipra Enterprises Vs Commissioner Of Customs- (Export) (CESTAT Delhi) Learned Commissioner (Appeals) observed that it is not in dispute that the goods are not of Indian origin and hence, the appellant was not entitled to claim the benefit of MEIS. Thus, the goods were found to be mis-declared as the appellant had declared the goods […]

UPVAT: Tax justified on difference in stock for sales not recorded in books found during survey

January 18, 2023 813 Views 0 comment Print

Sumiti Alloys Pvt Ltd Vs Commissioner Commercial Tax U.P (Allahabad High Court) HC find that the Tribunal has recorded a categorical finding of fact which needs no interference by this Court as there was difference in the stock found by the survey team on the premises of the assessee on the basis of which the […]

Reassessment invalid if no fresh tangible material made available by petitioner

January 17, 2023 2838 Views 0 comment Print

Ball Aerosol Packaging India Private Limited Vs ACIT (Gujarat High Court) In this case what emerges from the record is that no fresh tangible material distinct from what was made available by the petitioner during the assessment proceedings is emerging and specific queries which have been raised with regard to issues now raised have already […]

GST on services provided by applicant to RIICO after 13.07.2022

January 17, 2023 2988 Views 0 comment Print

In re Om Prakash Agarwal, Prop. M/s. Mittal Trading Company (GST AAR Rajasthan) Q1.  Applicability of Notification No. 11/2017 – Central Tax Rate dt. 28th June, 2017 amended with Notification No. 24/2017 – Central Tax (Rate) dt. 21.09.2017 and further amended vide notification no. 31/2017 – Central Tax (Rate) dt. 13.10.2017, and furthermore amended vide […]

Advisory on facility of ‘Initiating Drop Proceedings’ of Suspended GSTINs due to Non-filing of Returns

January 16, 2023 6702 Views 2 comments Print

If the status of the GSTIN does not automatically turn ‘ACTIVE’, then taxpayers are advised to revoke the suspension once the due returns have been filed, by clicking on ‘Initiate Drop Proceeding’

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