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Address on Invoice not Matches RC; Post Facto Amendment of GST Registration, HC Quashes Penalty

April 17, 2022 4569 Views 0 comment Print

Both the petitioner and the respondent admit that as on date the above said address has been included in the petitioner’s place of business in the GST Registration. Thus, there is a post facto inclusion of the address, which was mentioned in the tax invoice raised by the supplier and in the E-way Bill.

Grant of leave by tribunal to file a miscellaneous application without considering its maintainability was improper

April 17, 2022 795 Views 0 comment Print

Gammon India Limited Vs Sales Tax Officer (Calcutta High Court) Black’s Law Dictionary defines the word ‘set aside’ to mean annul or vacate. Thus, the word ‘setting aside’ used in clause (a) of the said Regulation necessarily means that a party to a proceeding before the tribunal can file a miscellaneous application praying for annulment […]

Interest on Refund of excise duty amount Deposited During Investigation allowable from the date of deposit @ of 12%

April 17, 2022 3450 Views 0 comment Print

Green Valley Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The brief facts related to the case at hand are that the Appellant had succeeded in its appeal before this Tribunal vide FO 75527/2020 dated 22/10/2020 which had resulted in refund of Rs.78,16,265/-which was deposited by the Appellant during the investigation proceedings before […]

ITAT refuses to condone delay in Appeal filing as reasons not supported by any evidence

April 17, 2022 660 Views 0 comment Print

Arjun Chemicals Pvt. Ltd Vs DCIT (ITAT Chennai) The ld. Senior DR stated that the assessee has not elaborated how the assessee’s health condition was not viable for filing of appeal or there is no supporting evidence for the reason that the assessee’s health condition was not proper. Hence, he stated that the delay of […]

Penal Provisions/Confiscation cannot be invoked for Enhancement of Value on Voluntary Statement

April 17, 2022 951 Views 0 comment Print

Neno Crystal Vs Commissioner of Customs (Import)  (CESTAT Mumbai) It would not be inappropriate to mention here that the Appellant’s case is squarely covered by the judgment of Hon’ble Madras High Court in Commissioner of Customs (Sea), Chennai-I Vs. M.R. Associates cited supra wherein it was clearly held that enhancement of value based on voluntary statement […]

Tax Revenues in India Mark a Record High in a Post-Pandemic Economy

April 16, 2022 6444 Views 0 comment Print

Tax Revenues in India Mark a Record High in a Post-Pandemic Economy FY 2021-22 revenue Rs. 27 Lakh Crore; up 34% over Previous Year Slew of Measures such as Ease of Filing ITR, Faceless e-Assessment, new AIS & GST reforms Boosting Compliance & Fueling Tax Collection As a remarkable testimony to the rapid recovery of […]

Sufficiency or correctness of material need not be considered at the stage of issue of Section 148 notice

April 15, 2022 2289 Views 0 comment Print

Supreme Court has held that the expression ‘reason to believe’ means that there is some prima facie material on the basis of which the Department can reopen the case. The sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice under Section 148 of the Act.

ITAT condones delay of 41 Months- No supposition that everybody is custodian of law

April 15, 2022 1449 Views 0 comment Print

St. Francis De Sales Church Trust Vs ACIT (ITAT Mumbai) On a perusal of order of Ld.CIT (A) we find that the Ld.CIT (A) dismissed the appeal of the assessee, as un-admitted being not satisfied with the reasons adduced by the assessee for delay of 41 months in filing the appeal. The assessee explained that “It […]

HC Allows GST dues payment In 48 Installments considering Financial Hardship of taxpayer

April 15, 2022 1998 Views 0 comment Print

Veteran Facility Management Services Pvt Ltd Vs Union of India (Gauhati High Court) In this case the petitioner firm express their willingness to pay the defaulted tax amount plus the interest and the penalty as may be assessed by the department but because of the precarious financial condition they are unable to pay it in […]

Architect Fee Paid related to Transfer of Development Rights Allowable

April 15, 2022 1584 Views 0 comment Print

Standard Industries Limited Vs DCIT (ITAT Mumbai) Assessing Officer has disallowed the claim of expenditure incurred towards the architect fees of ₹33,67,200/- while computing capital gain on transfer of development right. The Assessing Officer was of the view that architect fees cannot be considered as incurred wholly and exclusively in connection with the transfer as […]

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