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Judiciary

Excise duty on scrap can be paid by utilizing CENVAT Credit account

April 18, 2023 519 Views 0 comment Print

CESTAT held that the payment of duty for the waste and scrap by utilizing the CENVAT Credit account was in order.

Service Tax Refund rejection for non-matching of Invoice date: CESTAT remands matter back to Adjudicating Authority

April 18, 2023 714 Views 0 comment Print

Acclaris Business Solutions Private Ltd Vs Commr. of CGST & CX, Kolkata North (CESTAT Kolkata) When the Appeal came up for hearing, the Ld. Counsel appearing on behalf of the Appellant submits that they had filed a refund claim for Rs.9,79,412/- in terms of Rule 5 of the Cenvat Credit Rules, 2004. The Adjudicating Authority […]

No penalty for unintentional Availment of Irregular CENVAT Credit

April 18, 2023 246 Views 0 comment Print

Commissioner of Central Excise & Service Tax Vs Kohinoor Steel Private Limited (CESTAT Kolkata) It is observed that the assessee has rightly availed the 50% of the capital goods Credit in the first year of its receipt and the remaining 50% of the credit in the subsequent year. The excess credit availed for the second […]

Written Consent for Acceptance of Bills of Entry missing – HC allowed Appeal

April 18, 2023 264 Views 0 comment Print

Kanam Latex Industries Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) The facts of the case are that the appellant had imported rubber gloves in bulk. The original authority had directed them to indicate MRP on the packets of imported rubber gloves and assessed the goods to additional duty of customs in terms of Central […]

Trust treated as AOP – Depreciation cannot be disallowed

April 18, 2023 1815 Views 0 comment Print

Once assessee is assessed as AOP and no section 11 exemption been allowed, entire receipts are to be assessed as business receipt and consequently, depreciation has to be allowed.

ITAT dismisses appeal filed for non-payment of appeal fee

April 18, 2023 492 Views 0 comment Print

Society for Welfare and Advancement of Rural Generation (SWARG) Vs DCIT (ITAT Allahabad) Assessee was required to pay the appeal fee of Rs. 10,000/- as per section 253(6)(c) of the Income Tax Act but despite repeated defect notices issued to the assessee as per the directions of this Bench, neither the assessee has made up […]

SEZ Unit Entitled To Claim Refund of Unutilized ITC

April 17, 2023 16275 Views 0 comment Print

SE Forge Limited Vs Union of India (Gujarat High Court) The Gujarat High Court in M/S SE Forge Limited Vs. Union of India [Special Application No.16056 of 2022 decided on 03.02.2023] held that a SEZ Unit, is entitled to claim the refund of IGST credit lying unutilized in the Electronic Credit Ledger. FACTS M/S SE […]

Applicability of GST – ITC Availment & Utilisation for Construction of Silos

April 17, 2023 4242 Views 2 comments Print

Before we start we must understand the meaning of Silo – A silo is the on-site storage container that allows for the storage and distribution of different raw materials and finished products. There is a gross doubt across cement industry whether to avail & utilise GST– ITC paid for the construction of civil portion of […]

Cement silos are plant & eligible for higher rate of depreciation

April 17, 2023 1917 Views 0 comment Print

DCIT Vs Chettinad Cement Corp. Ltd. (ITAT Chennai) As per depreciation schedule, the depreciation is allowed on buildings @5% for which the buildings are mainly used for residential purposes except hotels and boarding houses. The depreciation is allowed @10% on buildings used mainly for residential purposes and not covered by the category of 5% depreciation. […]

Income Tax Search to be conducted by jurisdictional officers of assessee only

April 17, 2023 2817 Views 0 comment Print

Madras HC declares search at Anil Jain’s residence and office illegal. Jurisdictional issues raised. Reference to Section 120 and Notification S.O.2914(E) (69/2014).

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