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Judiciary

Penalty u/s 114AA not imposable as goods were found as per declaration in Bill of Entry

April 17, 2023 1341 Views 0 comment Print

CESTAT Delhi held that penalty under section 114AA of the Customs Act, 1962 is not imposable as the only declaration made by the respondent is the Bill of Entry and the goods were found as per the declaration in the Bill of Entry.

Company not liable to pay Service tax under RCM on rent paid to Directors in their Individual Capacity

April 17, 2023 1923 Views 0 comment Print

Directors are providing service of renting of immovable property not as Directors of appellant, whereas they are providing the said service in their individual capacity as owners of premises

Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax

April 17, 2023 8229 Views 0 comment Print

DCIT Vs British Agro Products (India) Pvt. Ltd. (ITAT Chennai) Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax : – [DCIT v. British Agro Products (India) Pvt. Ltd. (05.04.2023) ITAT Chennai Chennai ITAT dismisses Revenue’s appeal, holds that cultivation and sale of white button mushrooms is an ‘agricultural activity’ and income derived […]

Time barred Excise Appeal not maintainable

April 17, 2023 843 Views 0 comment Print

LGW Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) It is undisputed by the appellants that they have filed the appeals before the Ld. Commissioner (Appeals) against the Order-in-Original beyond six months time limit prescribed under Section 85 (3) of Finance Act, 1994 as observed by the Ld. Commissioner (Appeals) herein above. 6. In […]

Reassessment Notice should specify reasons for escapement of income

April 17, 2023 624 Views 0 comment Print

RK Gupta And Son HUF Vs ITO (Delhi High Court) HC held that notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 shows, that a survey report was generated vis-à-vis Varun Capital Services Ltd. The said communication also alludes to the fact that assessee had entered into share transaction with Kisna […]

Territorial location cannot decide admissibility of CENVAT Credit

April 17, 2023 210 Views 0 comment Print

CESTAT held that territorial location cannot decide admissibility of CENVAT Credit under Rule 2(l) of CENVAT Credit Rules, 2004.

CENVAT eligible on Architect Service, Telephone Expenses for Hotel Construction

April 17, 2023 231 Views 0 comment Print

Architect service, telephone expenses were input services and therefore Service Tax paid on said services is eligible as CENVAT Credit

Exemption from GST on Liquidated Damages: Arbitral Award & Mutual Agreement

April 17, 2023 5298 Views 0 comment Print

This article analyzes the arbitral award and mutual agreement, providing insights into the taxability of compensation without supply of goods or services under GST guidelines.

Immediate Re blocking of ITC Ledger after 1 year is Prima Facie Overreach of Rule 86A(2): Delhi HC [Read Order]

April 17, 2023 591 Views 0 comment Print

Namoshivai Apparels Pvt Ltd Vs Union of India & Ors (Delhi High Court) One of the questions that arises for consideration of this Court is whether the respondent can continue blocking the Input Tax Credit beyond the period of one year by unblocking if after the expiry of one year and immediately blocking it thereafter. […]

ITC Eligibility on Structural Support for Overhead Crane & Integrated Factory Building

April 17, 2023 4086 Views 0 comment Print

In re Coral Manufacturing Works India Private Limited (GST AAAR Tamilnadu) The GST AAAR Tamilnadu has recently delivered a ruling on a significant topic concerning the Input Tax Credit (ITC) in relation to structural support erected for overhead cranes within an ‘Integrated Factory’ building. The appeal case presented by Coral Manufacturing Works India Private Limited […]

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