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Erroneous calculation of GST Refund claimed during transition phase – HC allows Filing of Fresh Calculations 

April 19, 2023 690 Views 0 comment Print

Sondeep Paul Vs Union of India & Ors. (Calcutta High Court) The writ petition has been filed alleging inaction of the West Bengal State Rural Development Agency (in short ‘WBSRDA’), which is an agency under the department of Panchayat and Rural Development. The petitioner is granted liberty to incorporate the State of West Bengal through […]

No service tax on Works Contract Service Prior to 01.06.2007

April 18, 2023 2037 Views 0 comment Print

Pawan Edifice Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute on the fact that the appellant have been providing the construction of residential complex along with material and they have paid the VAT to the State Government. In this regard, they have also produced the VAT returns. In […]

Amnesty scheme for Advance & EPCG authorization holders – Amendment

April 18, 2023 2631 Views 0 comment Print

All pending cases of the default in meeting Export Obligation (EO) of authorizations mentioned in para (I) above can be regularised by the authorisation holder on payment of all customs duties that were exempted in proportion to unfulfilled Export Obligation and interest payable is capped at maximum of 100% of such duties exempted on which interest is payable. However, no interest is payable on the portion of Additional Customs Duty and Special Additional Customs Duty.

Central Excise Act One year limitation not applies to Service Tax paid under Protest

April 18, 2023 1443 Views 0 comment Print

CESTAT held that under Section 11B(1) of Central Excise Act, 1944, the period of one year will not apply if assessee paid duty under protest.

Reassessment based on Tax Evasion Petition: HC refers matter back to AO

April 18, 2023 1605 Views 0 comment Print

Record shows that reassessment proceedings have been triggered based on information received by respondent/revenue via a Tax Evasion Petition (TEP).

Same Transaction cannot be liable to Both Sales Tax & Service Tax

April 18, 2023 1695 Views 0 comment Print

SC in Bharat Sanchar Nigam Ltd vs. Union of India, held that both sales tax & service tax cannot be made applicable on same transaction

Co-op society entitled for deduction u/s. 80P(2)(d) in respect of interest received from co-op banks

April 18, 2023 4098 Views 0 comment Print

Assessee society would be entitled for deduction u/s. 80P(2)(d) of the Act in respect of interest received from co­operative banks.

Balance left over in PLA is not covered by limitation

April 18, 2023 822 Views 0 comment Print

Amount deposited in PLA is an advance kept by assesses with exchequer & only when an amount is debited in PLA it is treated as payment of duty

MIDC cannot block transfer of property for pending Writ Petition

April 18, 2023 2286 Views 0 comment Print

Mr Chawan clarifies that the concern is not about past dues, but about any incidence of tax on what the Petitioner now proposes. But if that is so, then clause (d) is entirely unjustified. It says nothing at all about tax liabilities. It only attempts to block the Petitioner from transacting the property because of the pendency of this Writ Petition. That is surely unreasonable, because the fact that this Writ Petition is pending cannot possibly be a clog on title.

Customs (Waiver of Interest) Third Order, 2023

April 17, 2023 5460 Views 0 comment Print

duty and interest has been paid within 3 days (including holidays) from the date of removal of such system inability at the Common Portal, which shall be certified by the DG Systems;

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