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Cenvat Credit not eligible on transportation of employees

December 31, 2021 2883 Views 0 comment Print

HC held that Cenvat Credit not eligible on facility of transportation provided by the appellant to its employees as same was merely in the nature of service for personal use or consumption of its employees.

Extended period of limitation cannot be invoked for recovery of excise duty

December 31, 2021 4641 Views 0 comment Print

Commissioner of CGST & Central Excise Vs Hindustan Petroleum Corporation Ltd. (Bombay High Court) In our view, any decision on the issue whether the revenue could have invoked the extended period of limitation for recovery of the excise duty, or would not have any bearing or impact on the rate of duty of excise or […]

RIl not eligible to avail Vivad Se Vishwas scheme benefit as prosecution was instituted against them under PC Act

December 31, 2021 1233 Views 0 comment Print

Reliance Industries Limited Vs CCIT (Bombay High Court) Respondent no.1, by letter dated 21st October 2020, replied to petitioner’s application dated 15th April 2020 that petitioner was eligible / entitled to avail the benefit of DTVSV (Direct Tax Vivad Se Vishwas) Act in accordance with law. Following the said communication, petitioner filed 27 applications for […]

HC grants bail to person accused of issuing fake paper invoices

December 31, 2021 1899 Views 0 comment Print

Iit was stated that the respondent to that application i.e. the present petitioner was still engaging himself in issuance of fake paper invoices and thereby passing of fake / ineligible ITC running into crores of rupees

Section 148 notice cannot be issued after approval of Resolution Plan under IBC 2016

December 31, 2021 5250 Views 0 comment Print

HC held that the IT Department is not entitled to issue notice against the Corporate Debtor for unpaid tax claims after the approval of the resolution plan by the adjudicating authority.

SCN not challenged within prescribed time- HC justified in dismissing the writ on the ground of limitation

December 31, 2021 945 Views 0 comment Print

Samrat Exporters and Importers Vs Assistant Commissioner of Central Excise and Customs (Kerala High Court) It is an admitted fact that the appellant had challenged the show cause notice issued to it before the appellate authority but the same was filed not within the time prescribed under the Act. Therefore, the appellate authority did not […]

HC decline waiver of interest as appellant not challenged the order levying interest

December 31, 2021 3087 Views 0 comment Print

Bennett Coleman & Co. Ltd. Vs DCIT (Bombay High Court) Section 215 of the Act makes it clear that the Assessee is required to pay interest where he has paid advance tax less than 75% of the assessed tax, the Assessee is required to pay simple interest @ 15% p.a. from the first day of […]

HC directs GST officials to allow goods to be transported if no case is made out

December 31, 2021 1401 Views 0 comment Print

Healthcubed India Private Limited Vs Assistant Commissioner (ST) (Madras High Court) The show cause notices details and articulates the case of the respondent. It is for the petitioner to reply to the show cause notices to have the goods cleared. If the goods were really meant to be sent to Karnataka for which the petitioner […]

TDS on income accrued outside the Indian territory for services rendered

December 30, 2021 1071 Views 0 comment Print

Tribunal held the addition to be erroneous and has considered in detail the nature and expenses in respect of which the assessee was sought to be penalized for not deducting the tax deducted at sources, holding that these expenses were in respect of the income accrued outside the territory for services rendered. With this finding the said question was rejected.

Custom duty dues cannot be recovered indirectly by blocking Export Incentives

December 29, 2021 1089 Views 0 comment Print

M. k. Exim (India) Limited Vs Union of India (Rajasthan High Court) We have also perused the guidelines issued by the Directorate General of Foreign Trade under circular dated 31.12.2003 for maintaining the denied entities list. It records that most common instance of action leading to refusal of licenses occurs when firms default in export […]

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