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HC direct authorities to reset/reopen GST portal to rectify inadvertent mistake in filing GST TRAN-1 form

December 1, 2022 990 Views 0 comment Print

Jagdalpur Motors Vs Union of India (Chhattisgarh High Court) HC held that undoubtedly the petition became entitled for submitting of his Form Tran-1 and Tran-2 in terms of the order of the Supreme Court in case of Union of India Vs. Filco Trade Centre (Supra). It is also an admitted factual position that the period […]

Cenvat Credit eligible on duty paid on import through utilization of DEPB scrips

December 1, 2022 837 Views 0 comment Print

Desmet Reagent Pvt. Ltd Vs Commissioner of Central Goods (CESTAT Delhi) Appellant urges that there is no disability provided under Rule 3 of CCR that Cenvat Credit shall not be available, if the duty is paid in the case of import through utilization of DEPB scrips. Rather Rule 9 of CCR specifically provides that one […]

CESTAT removes condition of testing in VRDE for release of vehicle complying stipulations for operation & running on Indian roads

December 1, 2022 624 Views 0 comment Print

Sai Charan Tours & Travels Vs Commissioner of Customs (CESTAT Mumbai) The only issue before us is the mandate to produce the certificate insisted upon as condition for provisional release from among the prescriptions in the licencing notes pertaining to imported vehicles. The Tribunal, in Excellent Betelnut Products Pvt Ltd v. Principal Commissioner of Customs, […]

No penalty for non-compliance when Assessment was made after considering reply of assessee

December 1, 2022 4623 Views 0 comment Print

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad) In this case assessee has not only replied the notice but also replied to the letter issued by AO. After considering the reply of the assessee, the Assessing Officer framed the assessment under section 143(3) on 28th December, 2019. Once the assessee has made the compliance though […]

Section 54F exemption not eligible if Construction of House not Completed Within 3 Years

December 1, 2022 1416 Views 0 comment Print

Admittedly, the AO deployed Inspector to verify whether there is any construction/residential house constructed by the assessee. The Inspector submitted report on 19-12-2016 stating that no construction or residential house is existing at House No. 4, Ward No. 12, Ichalkaranji which clearly establishes the assessee could not construct a house within three years from the date of sale of its assets on 17-03-2011 till 19-12-2016. Therefore, the assessee made construction within three years and in my opinion, the AO rightly denied deduction u/s. 54F of the Act.

Right to Collect Toll’ Eligible for Depreciation as ‘Intangible Asset’

December 1, 2022 408 Views 0 comment Print

DCIT Vs Ashoka Dhankuni Kharagpur Tollway Ltd (ITAT Pune) Revenue’s sole substantive grievance raised in the instant appeal challenges correctness of the CIT(A)’s action reversing assessment findings dated 21.12.2019 disallowing the assessee’s depreciation claim amounting to Rs.3,47,61,85,194,/- pertaining to its ‘right to collect toll’ as an intangible asset under section 32(1)(ii) of the Act. The […]

CBIC notifies Customs Exchange rate for Import & Export wef 02.12.2012

December 1, 2022 810 Views 0 comment Print

CBIC notifies Customs Exchange rate for Import & Export wef 2nd December, 20222 vide Exchange rate vide Notification No. 101/2022 – Customs (N.T.) | Dated: 1st December, 2022. GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS New Delhi ***** Notification No. 101/2022 – Customs (N.T.) | Dated: 1st […]

Provision For Liquidated Damages is an Ascertained Liability and Allowable

December 1, 2022 3009 Views 0 comment Print

SKF Engineering & Lubrication India Pvt. Ltd Vs JCIT (ITAT Bangalore) The assessee during the year under consideration has made a provision for liquidated damages for an amount of Rs. 49,20,000/-. The AO during the revision proceedings has disallowed the said amount on the basis that the calculation of liquidated damages is based on percentage […]

Extension of validity of Pre-Shipment Inspection Agency (PSIAs) upto 31.12.2022

November 30, 2022 474 Views 0 comment Print

The validity of recognition of the Pre-Shipment Inspection Agency (PSIAs) included in Appendix 2G of Appendices and Aayat Niryat Forms (A & ANF) of Foreign Trade Policy 2015-20 which arc completing their original tenure of three years as on 03.12.2022 is extended upto 31.12.2022.

DFGT amends Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS)

November 30, 2022 2823 Views 0 comment Print

Annual SCOMET Update – 2022 has been notified to amend Appendix 3 (SCOMET Items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018 vide Notification No. 46/2015-2020|Dated: 30th November, 2022 Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Vanijya Bhawan New Delhi Notification No. 46/2015-2020|Dated: […]

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