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Clandestine removal based on mere third party documents is invalid

March 23, 2021 2250 Views 0 comment Print

Recon Steel & Power Private Ltd. Vs Principal Commissioner, Central Tax, Central Excise & Customs (CESTAT Delhi) Since the sole challenge to the order is its reliance upon third party evidence, it is necessary to check the evidentiary value of the third party The relevant case law in the case of Bajrangbali Ingots & Steel […]

No Simultaneous Investigations by State & Central GST Authorities of same Assessee

March 23, 2021 5604 Views 0 comment Print

Sonam Berlia Vs State of Odisha and others (Orissa High Court) FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. The present petition is by the proprietor of M/s. Arshee Venture which is engaged in trading of iron and scraps and has been assigned with GSTIN number. 2. It is stated that the Petitioner’s […]

Section 13(1)(b) provisions not attracted to religious societies

March 23, 2021 2112 Views 0 comment Print

ACIT Vs Indian Evangelical Team (ITAT Delhi) ITAT held that provisions of section 13(1)(b) are attracted in case of charitable societies only and not in case of religious societies and hence there is no violation of section 13(1)(b) as alleged by the Assessing Officer, since this assessee is religious society. FULL TEXT OF THE ORDER […]

SEBI announces modified framework for BCP and DR

March 22, 2021 2211 Views 0 comment Print

With advancement in technology and improved automation of processes, it was felt that the extant framework needs to be re-examined with a view to reducing the time period specified for moving from Primary Data Centre (PDC) to DRS.

Sales Tax on Lease rental against goods supplied in the course of Import by NBFC

March 22, 2021 1647 Views 0 comment Print

Russell Credit Ltd. Vs. Commercial Tax Officer (Madras High Court) The respondent bank entered into an agreement with Hindustan Power Plant Limited, Hosur, for importing and leasing of machinery on rental basis. The master lease agreement was entered into on April 17, 1998. There afterwards, the respondent bank ordered for machinery as per the specification […]

Duty paid under protest- Rejection of refund for time-bar is unsustainable

March 22, 2021 3528 Views 0 comment Print

AGFA Healthcare Pvt. Ltd Vs Commissioner of Customs (CESTAT Chennai) On perusal of the documents, it is seen that there is no dispute that the appellant has paid excess duty of Rs.29,57,931/- after reassessment of the bills of entry by extending the benefit of Notification No. 12/2012-CE. The refund has been rejected on the ground […]

If a Rule is not attracted, than the proviso thereunder does not attracted

March 22, 2021 708 Views 0 comment Print

Vishnu Fragrance Pvt.Ltd Vs Commissioner of Central Goods & Service Tax, Central Excise and Customs (CESTAT Delhi) Rule 10 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010, provides for abatement in case of non production of goods (in case of factory did not produce the notified goods […]

Benefit of considering CS qualification as Post Graduate degree to CS

March 22, 2021 4557 Views 0 comment Print

Considering CS qualification as Post Graduate degree will benefit our members in the following manner: 1. The Members of ICSI will be eligible to appear for UGC (NET) which is required for appointment of Assistant Professors/ Associate Professors/ Professors in higher educational institutions.

Composite services with training services as principal supply classifiable under SAC 999294 

March 22, 2021 1695 Views 0 comment Print

In re Prettl Automotive India Pvt. Ltd. (GST AAAR Maharashtra) It is observed that all the activities being carried out by the Appellant are either ancillary or incidental to the principal supply, which in this case, is the supply of training services since it is not in dispute that all these activities carried out by […]

Section 14 of Limitation Act Applies to Application under Section 7 of IBC: SC

March 22, 2021 4083 Views 0 comment Print

Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court) An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt in the sense it cannot reopen debts which are barred by law, or debts, recovery whereof have become time barred. The Adjudicating Authority does not resolve disputes, in […]

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