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Judiciary

Clearance of two entities having same partners is to be clubbed for SSI exemption limit

April 18, 2023 1854 Views 0 comment Print

CESTAT Ahmedabad held that value of clearance of two entities having same partners are to be clubbed and excise duty on clearance exceeding the eligible limit of SSI exemption is duly payable.

Voluntary payment by employer out of appreciation is outside rigours of section 17(3)(iii)

April 18, 2023 7011 Views 0 comment Print

ITAT Pune held that payment made voluntarily by the employer out of appreciation for the employee falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.

Proportionate disallowance u/s 35AD justifiable as only one godown used for non-agricultural purpose

April 18, 2023 1353 Views 0 comment Print

ITAT Ahmedabad held that proportionate disallowance u/s 35AD of the Income Tax Act is justifiable as only one godown is used for non-agricultural purposes, whereas, other four go-downs are used for agricultural purposes only.

GST: Order directing GAIL to pay sum which is not due and payable is unsustainable

April 18, 2023 795 Views 0 comment Print

Delhi High Court held that impugned order directing GAIL to pay a sum of money which is not due and payable by GAIL is not sustainable.

CESTAT set aside order of forfeiture of security deposit of Rs. 10 lakh of FedEx Express

April 18, 2023 651 Views 0 comment Print

FedEx Express Transportation & Supply Chain Services India Private Ltd Vs Commissioner (CESTAT Delhi) This is an appeal against Order-in-Original dated 27.03.2021 passed by the Commissioner of Customs (Airport and General), New Delhi, have ordered forfeiture of the whole amount of security deposit of Rs. 10 lakhs, alongwith penalty of Rs. 50,000/- under Regulation 14 […]

SC order Whether mens rea is essential for levy of penalty under taxation laws

April 18, 2023 6765 Views 0 comment Print

State of Gujarat and Anr. Vs Saw Pipes Ltd. (Supreme Court) The highest court of the country in this case was considering the levy of penalty and interest under the provisions of Gujarat Sales tax Act 1969 when the high court gave relief by setting aside interest and penalty in relation to tax paid on […]

Ocean Freight/ Sea Transportation service not liable to service tax

April 18, 2023 2487 Views 0 comment Print

Ocean Freight/ Sea Transportation service is liable to service tax or otherwise is decided by Gujarat High Court in case of SAL Steel Limited

Central Excise Act One year limitation not applies to Service Tax paid under Protest

April 18, 2023 1011 Views 0 comment Print

CESTAT held that under Section 11B(1) of Central Excise Act, 1944, the period of one year will not apply if assessee paid duty under protest.

Abating for fraudulent availment of Cenvat credit – CESTAT sustain penalty

April 18, 2023 312 Views 0 comment Print

Banas Enterprises Vs C.C.E & S.T. Daman (CESTAT Ahmedabad) CESTAT  find that there is no dispute about the fraudulent availment of Cenvat Credit by M/s. Tarun Polymers, Daman, who has wrongly availed the Cenvat Credit of huge amount of 29170642/-. In order to avail this fraudulent Cenvat credit by M/s. Tarun Polymers, Daman, all buyers […]

HC quashes perverse Section 148A(d) order as passed without application of mind

April 18, 2023 2544 Views 0 comment Print

Order under Section 148A(d) appears from record, is perverse and is in total non-application of mind and is liable to be quashed.

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