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Goods used as input qualify for MODVAT credit, Irrespective of name on Bill of Entry

June 26, 2023 408 Views 0 comment Print

CESTAT Mumbai’s ruling on the Khandelwal Laboratories P Ltd Vs Commissioner of CGST & CE case underscores the principle that duty-paid goods used as input should qualify for MODVAT credit, regardless of the name on the Bills of Entry.

Section 154 cannot be invoked to levying of fee u/s 234E

June 25, 2023 513 Views 0 comment Print

ITAT found that the issue related to the belated filing of TDS returns and subsequent levying of fees under Section 234E of the Income Tax Act was a matter of factual verification. Thus, it was not covered under Section 154 of the Act, which only allows rectification for apparent mistakes on record.

Goods Cleared Without Lab Test and Claimed Mixing in Tank as Afterthought: CESTAT rejects appeal

June 25, 2023 246 Views 0 comment Print

CESTAT Ahmedabad recently rejected Nirma Limited’s appeal, determining that the clearance of goods without a lab test and claiming goods were mixed in a tank was an afterthought.

Section 148A(d) Order in IT Act Isn’t Final; No Tax Demand Arises

June 25, 2023 2403 Views 0 comment Print

In a recent judgement, Calcutta High Court affirmed that an order under Section 148A(d) of the Income Tax Act is not a final assessment order, nor does it give rise to any tax demand.

Appeal against Revocation of Central Excise Registration Meaningless After GST Implementation

June 25, 2023 198 Views 0 comment Print

Discover the judgment of the CESTAT in the case of Commissioner of GST & Central Excise Vs Dalmia Cement (Bharat) Ltd, where revocation of Central Excise Registration was deemed meaningless post-GST implementation.

No Section 40(a)(ia) disallowance if recipient includes income from receipts of assessee in their ITR

June 25, 2023 513 Views 0 comment Print

ITAT Patna rules in favor of Ravi Lochan Singh, establishing that deductions should not be disallowed under Section 40(a)(ia) if the recipient includes income from receipts of the assessee in their income tax return.

Proceedings Under IBC 2016 Halts Legal Suit Against Corporate Debtor

June 25, 2023 288 Views 0 comment Print

The ITAT Mumbai ruled that no legal suit or proceeding can continue against a corporate debtor until the conclusion of proceedings under the Insolvency and Bankruptcy Code (IBC) 2016.

Madras HC on recovery of ITC from Buyer without initiating any action against seller

June 25, 2023 15291 Views 1 comment Print

Madras High Court quashes orders against D.Y. Beathel Enterprises for input tax credit recovery, citing procedural flaws and directs fresh enquiry. Emphasizes examination of sellers and initiation of recovery against them, ensuring fair investigation.

Enhancement in Value based on Chartered Engineer certificate – CESTAT reduces redemption fine & Penalty

June 24, 2023 486 Views 0 comment Print

CESTAT Bangalore modifies penalties in case of import valuation discrepancies. Learn more about the details of Sri Sai Graphics Vs Commissioner of Customs.

Non-filing of Annual Return due to deactivation of DIN of directors – MCA Imposes penalty

June 24, 2023 9609 Views 1 comment Print

MCA issued a penalty order against Manpur Rubber Industries Private Limited for non-filing of annual returns for multiple financial years and deactivation of DIN (Director Identification Number).

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