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Section 148A(b) requires grant of minimum 7 days to file reply to show cause notice

November 6, 2022 9600 Views 0 comment Print

Delhi High Court in Shri Sai Co-operative Thrift and Credit Society Ltd. (supra) has considered a similar position and has held that issuance of a show cause notice with a period lesser than seven days would vitiate the same.

Show cause notice should not be with a pre-conceived & closed mind

November 6, 2022 6372 Views 0 comment Print

Mars Shipping Services Vs Commissioner of Customs (Madras High Court) As regards the show cause notice, dated 8.9.2014, it is to be noted that the respondent has followed the procedure contemplated under the Regulations after having passed an order for continuing the suspension, by proceedings dated 28.8.2014. As per Regulation 18 of the CBLR, 2013, […]

Reversal of credit amount tantamount to non availment of Cenvat Credit

November 6, 2022 1839 Views 0 comment Print

Appellant have reversed or paid the amount in terms of sub Rule (3) of Rule 6, therefore, as per sub Rule (3D), it will amount to not taking of Cenvat credit

CENVAT Credit Rules not bar clearances at a price higher than purchase cost

November 6, 2022 768 Views 0 comment Print

Commissioner of Central Excise Vs Thermax Ltd. (CESTAT Mumbai) On perusal of the records, it is seen that the respondent had procured duty paid inputs on which CENVAT credit was availed but cleared the goods, as such, on a sale value which was higher than the purchase CENVAT Credit Rules, 2004 provide for clearance of […]

HC reduces penalty for lapsing of e-way bill for bonafide reasons

November 6, 2022 966 Views 0 comment Print

Offence in this case is only the lapsing of e-way bill, and that too for bonafide reasons, and this offence may not be viewed very harshly. HC reduces Penalty

Application for condonation of delay cannot be dismissed for mere non-submissions of originals of medical certificate

November 6, 2022 3618 Views 0 comment Print

Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court) In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him […]

Section 143(1) adjustment unsustainable – Rental Income treated as Business Income

November 6, 2022 1593 Views 0 comment Print

The Ld. AR has also submitted that the case for this year was picked up for scrutiny wherein the rental income has been assessed by AO as ‘business income’.

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8754 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

ITAT can grant stay only if assessee pays or furnishes security of 20 % of tax in dispute

November 6, 2022 2301 Views 0 comment Print

Tribunal can only grant a stay subject to a deposit of not less than 20% of disputed demand, or furnishing of security thereof, it cannot be open to us to grant a stay in violation of these basic statutory provisions.

SEBI Consultation Paper on Cloud Framework

November 5, 2022 996 Views 0 comment Print

Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction – NIST Definition.

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