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Supreme Court of India

Adopt E-Filing In All Tax Cases & Make GST Appellate Tribunal Paperless: SC to Govt

December 13, 2022 936 Views 0 comment Print

Union government must now take all expeditious steps to ensure that filing by the Union government of all appeals and proceedings before the High Courts as well as the revenue tribunals, including the CESTAT and the ITAT should take place in the e-filing mode.

Bail granted in clandestine manufacture and supply of chewing tobacco

December 12, 2022 2760 Views 0 comment Print

Supreme Court granted bail in clandestine manufacture and supply of chewing tobacco without payment of leviable duties and tax as the petitioner has already undergone incarceration for more than four months. Further, there are no apprehension of tampering, intimidating or influencing.

SC Dismisses Petition Challenging Appointment of ITAT Vice Presidents

December 12, 2022 1017 Views 0 comment Print

Bar member challenges VP appointments at Income Tax Appellate Tribunal. High Court dismisses quo warranto petition. Legal eligibility affirmed.

CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws

December 9, 2022 1824 Views 0 comment Print

Circular No. 643/34/2002-CX dated July 1, 2002, issued by CBEC clarifying the doubts regarding Valuation Rules with respect to goods when sold partly to related persons and partly to independent buyers, is not violative of Central Excise Act 1994 and Central Excise Valuation Rules 2000.

Case Analysis – CIT vs. Shri Thakur Das Bhargava, 1960

December 9, 2022 2607 Views 0 comment Print

The Income Tax Act, 1961 deals essentially with the imposing of taxes, exemptions and procedure to be followed therewith. The income that is accrued or deemed to accrue on the tax payer is the tax income and the application and diversion of income are two fundamental yet confusing concepts in the Indian Tax law. Also, both of these are court made concepts.

Capital gain exemption available as advance paid for purchase of assets amounts to utilization of capital gain amount

December 8, 2022 3819 Views 0 comment Print

Supreme Court held that advances paid for the purpose of purchase and/or acquisition of the assets would certainly amount to utilization of the capital gains for the purpose of purchasing and/or acquiring the aforesaid assets and accordingly capital gain exemption available.

Alternate remedy cannot exclude jurisdiction of High Court under Constitutuion

December 8, 2022 1782 Views 0 comment Print

Supreme Court held that the existence of an alternate remedy by itself cannot exclude the jurisdiction of the High Court under the Constitution.

Oxygen Gas not a Raw Material for Manufacture of Steel- SC

December 6, 2022 1569 Views 0 comment Print

State of Jharkhand Vs Linde India Limited (Supreme Court of India) Whether oxygen which is used in the production of steel can be said to be a raw material and thus eligible for concessional rate of tax @ 1% instead of normal rate of 3% under the Bihar Finance Act. An interesting issue arose in […]

Rebate claim rejected as filed beyond period of limitation of one year

December 2, 2022 1248 Views 0 comment Print

Supreme Court held that period of limitation prescribed u/s 11B of Central Excise Act, 1944 is to be applied while calculating period of limitation for claiming rebate of duty under rule 18 of the Central Excise Rules, 2002. Rebate claim rejected as filed beyond period of limitation of one year of relevant date

Levy of Section 220(2A) interest is mandatory despite pendency of dispute before MAP: SC

December 1, 2022 4536 Views 0 comment Print

It is the case on behalf of the petitioner that as the dispute was pending for Mutual Agreement Procedure [MAP] resolution which subsequently came to be culminated in the year 2012 and the liability to pay the tax thereafter arose and therefore the petitioner shall be entitled to the waiver of interest under Section 220(2)(A)(ii) of the Act.

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