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RBI advisory on Transition from LIBOR to Alternative Reference Rate (ARR)

May 12, 2023 2280 Views 0 comment Print

Banks/FIs are advised to ensure that no new transaction undertaken by them or their customers rely on or are priced using the US$ LIBOR or the MIFOR. Banks/FIs are also advised to take all necessary steps to ensure insertion of fallbacks in all remaining legacy financial contracts that reference US$ LIBOR (including transactions that reference MIFOR).

Excise Duty based on ACP fixed by Commissioner payable unless Assessee submit evidence of Actual production

May 11, 2023 588 Views 0 comment Print

Hazra Iron Works Vs Commissioner of Central Excise (CESTAT Kolkata) Appellant has not paid the duty as per the ACP (Annual Capacity of Production) fixed by the Commissioner for the years 1997-1998 and 1998-1999. The Appellant’s contention is that they have not opted for payment of duty under 96ZP(3) and hence they are liable to […]

Section 107 of GST- 4 Months may be 121 or 122 days – HC

May 11, 2023 1890 Views 0 comment Print

Shri Ram Ply Product Vs Addl. Commissioner (Allahabad High Court) Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 provides that an appeal, against any decision or order passed under this Act or the State Goods and Services Tax Act by the adjudicating authority, may be filed before appellate authority within the […]

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 816 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 606 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

Reversal of Cenvat credit at appellate stage before CESTAT complies notification no. 5/2006-CE 

May 10, 2023 510 Views 0 comment Print

Acme Ceramics Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that reversal of credit and payment of interest thereon, can be adjusted from the payment of Rs. 2 lacs already made by the appellant. We find that the Tribunal/Court in the judgments cited by the appellant held that even if the assessee agreeing to reverse […]

HC directs restoration of appeal on deposit of pre-deposit amount under Section 35F of Central Excise Tax, 1944

May 10, 2023 1137 Views 0 comment Print

Active Ads Vs State of West Bengal & Ors. (Calcutta High Court) HC find that this matter does not warrant to be heard on affidavits. The appeal was dismissed only on the ground of failure of the petitioner to make the pre-deposit. Taking a lenient view as to the default as the same will non-suit […]

Reassessment triggered on a change of opinion as to calculation of tax payable is invalid

May 10, 2023 762 Views 0 comment Print

HC find no substance in AO’s reason to believe that income chargeable to tax has escaped assessment in as much as there is no mention of any tangible material that led to his conclusion. The entire process is triggered on a change of opinion as to the calculation of tax payable by the assessee.

Classification of Chromecast with Google TV

May 10, 2023 1281 Views 0 comment Print

On examining the functions of ‘Google Chromecast’ and ‘Chromecast with Google TV’ as stated in the aforesaid paras vis-a vis the material information available in the public domain

GST: HC refuses to remand the matter to AO as alternative remedy available

May 10, 2023 705 Views 0 comment Print

Sourav Satapathy Vs Commissioner of CT & GST (Orissa High Court) Court finds that the petitioner has approached this Court challenging the demands raised by the authority vide Annexure-7 and Annexure-8. The contention of the petitioner is that he has already paid the amount vide Annexure-5 series. If the contention of the petitioner, that he […]

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