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HC Imposes Cost of Rs. 25,000 on petitioner for misuse of law by filing review petition

September 10, 2022 1464 Views 0 comment Print

Elora Tobacco Company Limited Vs Union of India of Indirect Taxes (Madhya Pradesh High Court) The present review petition is nothing but a misuse of the process of law and wasting valuable time of the court with the intention to take one more chance instead of approaching the Supreme Court of India. Hence, the review […]

Customs procedure for export of cargo in closed containers from ICDs to Bangladesh using Inland Waterways

September 9, 2022 1773 Views 0 comment Print

F.No.550/05/2011-LC(Pt) Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes & Customs Room No. 49, North Block, New Delhi Circular No. 17/2022-Customs | Dated 09th September, 2022 To, All Principal Chief Commissioners/Chief Commissioners of Customs All Principal Chief Commissioners/Chief Commissioners of Customs (Preventive) All Principal Chief Commissioners/Chief Commissioners of CGST & […]

Excise duty not chargeable under ‘Compounded Levy Scheme’ for the period during which machine remains inoperative

September 9, 2022 492 Views 0 comment Print

Mehta Metal Industries Vs Commissioner of Central Excise & Customs (CESTAT Delhi) The issue involved in this appeal is whether the appellant ­assessee who is operating under ‘Compounded Levy Scheme’ is entitled pro-rata abatement/refund of duty for the period during which the machine admittedly was inoperative. CESTAT held that there is no dispute with regard […]

SCN cannot be issued Notice under Proviso to Section 73(1) of Finance Act if no Suppression of Facts

September 9, 2022 12693 Views 0 comment Print

When there is no suppression of facts or mis-declaration, extended period is not invokable and the demand has to be held to be barred by time.

AO must pass provisional attachment order under GST only after recording his opinion

September 8, 2022 1494 Views 0 comment Print

Order of provisional attachment cannot be passed with complying with the conditions of forming an opinion, having a tangible material, etc.

Sundry creditors cannot be treated as bogus on mere personal belief & imagination of AO

September 7, 2022 2691 Views 0 comment Print

ACIT Vs Pradip Mullick (ITAT Kolkata) Assessee submitted that owing to business of manufacturing and sale of sweets and confectioneries, he has to regularly purchase different types of raw materials from different vendors for his day to day business requirement. The number of vendors are large as there are small vendors mostly supplying perishable item […]

Lack of clarity is no valid argument for Insolvency Professional: IBBI

September 7, 2022 1095 Views 0 comment Print

In view of the submission made by Mr. Sanjit Kumar Nayak, and materials available on record, DC notes that Sanjit Kumar Nayak should have been more careful and vigilant in conducting the CIRP and Liquidation process. The deficiencies as noticed and conceded by Mr. Sanjit Kumar Nayak, with little care and knowledge of the statute, […]

Arbitration Application Maintainable Despite Pendency of Reference before MSME Council

September 6, 2022 933 Views 0 comment Print

HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable

Applicability of RTI Act to Govt Aided Educational Institutions run by societies – HC directs Commission to decide

September 5, 2022 2496 Views 0 comment Print

Whether the societies and the educational institutions (aided) run by the societies are subject to Right to Information Act, 2005?

No Duty Exemption if Slum Sale Agreement made only to extend benefit of Exemption beyond 10 years

September 5, 2022 480 Views 0 comment Print

Pegasus Pharmaco India Pvt Ltd. Vs Commissioner Central Goods & Service Tax (CESTAT Delhi) a) Balaji has not commenced commercial production prior to the cut-off date of 31.3.2010 even though a single invoice was issued and therefore, it was not entitled to the benefit of the exemption notification nor has it claimed it until a […]

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