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CGST- Bus body building includes building of body on chassis of any vehicle

November 22, 2019 2940 Views 0 comment Print

Notification No. 26/2019- Central Tax (Rate) For the purposes of this entry, the term bus body building shall include building of body on chassis of any vehicle falling under chapter 87 in the First Schedule to the Customs Tariff Act, 1975.

Delhi High Court Judgement On ITAT Members Appointments

November 22, 2019 2673 Views 0 comment Print

In this case two respondents had approached the Tribunal since their applications for selection to the post of Member, Income Tax Appellate Tribunal (‘ITAT’) were not considered as valid since all their APARs were not received before the stipulated date i.e. 30.08.2018.

HC should not have entertained writ challenging Goods Seized under GST: SC

November 22, 2019 3222 Views 0 comment Print

State of Uttar Pradesh and Ors. Vs Kay Pan Fragrance Pvt. Ltd. (Supreme Court of India) In the first place, we find force in the submission canvassed by the State that a complete mechanism is predicated in the Act and the Rules for release and disposal of the seized goods and for which reason, the […]

Share application Money in Cash- False details- Penalty Justified

November 21, 2019 1473 Views 0 comment Print

Deepak Petrochem Ltd. Vs DCIT (ITAT Ahmedabad) Brief facts of the case are that the assessee has filed its return of income on 30.10.2002 declaring total loss at Rs.29,31,379/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) was issued and served upon the assessee. On scrutiny of the […]

Deal with cases in which there is stay of Tax recovery on higher priority: HC to ITAT

November 21, 2019 1038 Views 0 comment Print

In cases where there is stay of recovery of demand of tax, the Tribunal should deal with the appeals pending before it on a higher priority. The Tribunal should consider forming a separate list of such cases which should be heard on priority after arranging the cases on the basis of their seniority as well as the quantum involved in the stay.

 Section 68 additions cannot be made merely on doubts, conjectures or surmises

November 21, 2019 1938 Views 0 comment Print

ITO Vs. Ambika Metalchem Impex P. Ltd. (ITAT Mumbai) In the present case, we find that the assessee has duly discharged the initial onus of proving the identity of the investors, creditworthiness of the transactions and genuineness of the transactions. Notices issued u/s 133(6) have been responded to. In such a scenario, the onus to […]

Sunset Review of Anti-Dumping Duty on Nylon Tyre Cord Fabric import from China

November 21, 2019 774 Views 0 comment Print

The product under consideration in the present petition is Nylon Tyre Cord fabric (NTCF) originating in or exported from China. The subject good is a fabric of nylon, meant largely for tyre cord. NTCF finds application in different kinds of automotive tyres such as bus & truck tyres, two wheeler tyres, cycle tyres, Light commercial Vehicles tyres, Animals Driven vehicles etc.

Directions by Hon’ble Courts to dispose representation by GST Council

November 20, 2019 813 Views 0 comment Print

Ld. Single Judge in his judgment directed GST Council to consider and pass orders on representation submitted by Petitioner, within a period of one month from the date of receipt of a copy of judgement, after hearing parties.

Customs: No penalty U/s. 112(a) on goods not liable for confiscation U/s. 111

November 20, 2019 8199 Views 0 comment Print

The short point to be decided is whether the consignment MFD copiers imported prior to 05.06.2012 when the restriction was imposed upon them are liable to confiscation under section 111(d) for violation of Foreign Trade Policy.

Mere admitted liability not enough to invoke Section 79 provision of CGST Act

November 20, 2019 7884 Views 0 comment Print

GST – Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act – validity of recovery proceedings in the absence of assessment – term amount payable by a person – initiation of proceeding for provisional attachment –

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