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No Reevaluation of Facts Without Alleged Perversity in Findings: Delhi HC

January 16, 2024 750 Views 0 comment Print

HC court upheld factual findings of lower authorities, emphasizing its limited jurisdiction under Section 260A of Income Tax Act. It clarified that it cannot reevaluate questions of fact in the absence of any grounds alleging perversity in the findings.

Excess Stock cannot be treated as unexplained investment’ u/s.69B & section 115BBE not apply

January 16, 2024 2316 Views 0 comment Print

ITAT Chennai’s in Ethiraj Hotel Mart Vs DCIT held that as assessee declared excess stock as business income and provided a plausible explanation for its source, it should be taxed as ‘normal business income’ and not as ‘unexplained investment’ under section 69B.

VAT Payment not Mandatory for Abatement; Revenue Bears Burden of Proving Consideration Receipt: CESTAT Delhi

January 15, 2024 699 Views 0 comment Print

Explore the Jyoti Sarup Mittal vs Commissioner of Central Tax case. Learn how works contracts, VAT prerequisites, and governmental exemptions impact service tax.

No Penalty for Unrecorded Finished Goods in Factory without Evidence of Clandestine Removal

January 15, 2024 1092 Views 0 comment Print

CESTAT Delhi in Sharma Steel Rolling Mills vs Commissioner held that No Penalty for Unrecorded Finished Goods in Factory without Evidence of Clandestine Removal and personal penalty on employee need not be imposed as he is acting under direction of his employer

 GST department obligated to provide a hearing if adverse decision was contemplated

January 14, 2024 4491 Views 0 comment Print

The Court observed that Section 75(4) explicitly requires an opportunity of hearing when an adverse decision is anticipated. Considering that both tax and penalties were imposed, and an adverse decision was contemplated, the Court held that the department was obligated to provide a hearing.

CESTAT upholds duty drawback on bulk tea exports which was procured from Manufacturers

January 13, 2024 603 Views 0 comment Print

Read the detailed analysis of the Calcutta High Court judgment in Narendra Tea Company vs. Union of India, allowing the 100% EOU’s duty drawback claim on bulk tea.

Petitioner cannot be deprived of opportunity to object to retrospective GST Registration cancellation

January 13, 2024 765 Views 0 comment Print

Delhi High Court ruling favors taxpayer against retrospective GST registration cancellation. Detailed analysis of the order, implications, and next steps in this legal battle.

Absence of Mensrea: Penalty Set Aside in Red Sanders Export Case

January 13, 2024 1128 Views 0 comment Print

Chandan Chatterjee vs Commissioner of Customs – CESTAT Kolkata ruling on attempted red sanders export, Customs Broker penalty set aside. Full analysis of the case.

Non-Stamped Document Won’t Affect CIRP Maintainability if Material to Prove Debt Default Exists: NCLAT

January 13, 2024 1293 Views 1 comment Print

Explore the NCLAT Delhi judgment on non-stamped documents affecting CIRP. Learn how it impacts the case of Hiren Meghji Bharani vs. Shankheshwar Properties Pvt. Ltd.

CoC Decision on Resolution Professional Replacement Upheld by NCLAT Delhi

January 13, 2024 750 Views 0 comment Print

In a case involving Partha Sarathy Sarkar vs. Specified Undertaking of Unit Trust of India Ltd., NCLAT Delhi upholds the CoC decision on replacing the Resolution Professional.

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