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Discontinuation of Return under Foreign Exchange Management Act, 1999

June 9, 2022 1110 Views 0 comment Print

Reserve Bank of India RBI/2022-23/69 A.P. (DIR Series) Circular No. 05 June 09, 2022 AD Category I banks Madam/ Sir, Discontinuation of Return under Foreign Exchange Management Act, 1999 Attention of Authorised Persons is invited to A.P. (DIR series) circular No 26, dated February 18, 2022, wherein Authorised Persons were advised about proposed discontinuation of the […]

Order passed on the day of issue of notice violates principles of natural justice

June 8, 2022 876 Views 0 comment Print

MBR Flexibles Ltd Vs Deputy Commissioner of State Tax (Enforcement) (Gujarat High Court) It is clear from the record that Notice as well as order impugned was passed on the same date i.e. 06/01/2022. An opportunity of hearing has not been afforded to the petitioners and therefore, it is in breach of principles of natural justice. Considering […]

Refund IGST on Ocean Freight along with Interest: Gujarat HC

June 8, 2022 1527 Views 0 comment Print

Adi Enterprises Vs Union of India (Gujarat High Court) Applicants prayed to direct respondents to grant refund of amount of IGST already paid by the applicants on Ocean Freight pursuant to the Entry No.10 of Notification No.10/2017-IGST (Rate) dated 28.6.2017 with appropriate interest on such refund. On appeal HC held that respondents are hereby directed […]

ITC admissible on GST paid on GTA service despite empty travel of vehicle during return journey

June 7, 2022 1872 Views 0 comment Print

ITC is admissible to Vadilal, on GST paid on GTA service supplied to it, despite the fact that refrigerated vehicles travelled empty during the return journey as Vadilal has paid an agreed freight to the GTA for its service and this agreed freight was inclusive of both onward and return journey (round trip).

DGFT relaxes provision of submission of ‘Bill of Export’ for Advance Authorisation

June 7, 2022 2667 Views 2 comments Print

Relaxation in provision of submission of ‘Bill of Export’ as an evidence of export obligation discharge for supplies made to SEZ units in case of Advance Authorisation.

HC dismisses appeal filed against GST registration cancellation after 18 Months

June 5, 2022 1536 Views 0 comment Print

Rajdhani Security Force Pvt. Ltd Vs Union of India (Madhya Pradesh High Court) Section 107 (1) of GST Act provides that an appeal can be preferred within a period of three (3) months from the date of the order, while Section 107 (4) of the Act stipulates that the Appellate Authority, if satisfied that the […]

Section 271(1)(c) penalty not imposable if notice mentions both limbs

June 5, 2022 2385 Views 0 comment Print

DCIT Vs Ambuja Neotia Holdings Pvt. Ltd. (ITAT Kolkata) ITAT find that the notice u/s 274 read with Section 271(1)(c) dated 13.08.2015 has been issued in a mechanical manner and in standard format without mentioning one of the two limbs on which the penalty was proposed to be levied. In other words, the notice mentioned […]

Service tax on Supply of bedroll kits to passengers on behalf of IRCTC

June 5, 2022 1443 Views 0 comment Print

Hakamichand D & Sons Vs C.S.T. Service Tax (CESTAT Ahmedabad) Appellant has supplied bedroll kits to passengers of Air-Conditioned class and other classes on behalf of IRCTC. As per the contract with IRCTC, the Appellant has to compulsorily provide the bedroll kit to passengers on demand. For the said services a monthly bill was raised […]

Section 14A disallowance not considerable for Book Profit computation

June 5, 2022 2421 Views 0 comment Print

Tega Industries Limited Vs DCIT (ITAT Kolkata) Assessee has contended that disallowance under section 14A ought not to have been considered for computing the book profit under section 115JB of the Act, we find merit in the assessee’s contention. Special Bench of Delhi Tribunal in the case of ACIT –vs.- Vireet Investment Pvt. Limited (165 […]

SEZ unit entitled to refund on services not listed as a specified services in list approved by Approval Committee

June 5, 2022 1920 Views 0 comment Print

Intas Pharmaceuticals Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) SEZ Act allows duty free receipt of services required for the authorized operations. Notification No. 12/2013-ST provides the route of refund of such service tax paid. There is no requirement of approval of any specified service by approval committee in the SEZ Act. Requirement arise only […]

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