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Judiciary

Section 15 of GST Act not prescribe valuation based on eye estimation

April 13, 2023 1380 Views 0 comment Print

Allahabad High Court held that provisions of section 15 of the GST Act doesnt prescribe valuation of goods on the basis of eye estimation. Accordingly, impugned order based on such valuation is not sustainable.

Rejection of SVLDRS-1 application alleging wrong Commissionerate unjustified

April 13, 2023 780 Views 0 comment Print

Bombay High court held that rejection of SVLDRS-1 application alleging wrong Commissionerate is unjustified as at the time of filing application, petitioner didn’t had option to file or change the Commissionerate.

Section 269SS not apply when explanation given constitutes reasonable cause

April 13, 2023 4725 Views 0 comment Print

ITAT Bangalore held that provisions of section 269SS of the Income Tax Act cannot be applied when explanation given by the assesse constitutes a reasonable cause. Accordingly, concluded that bonafide business transaction cannot be considered for levying the penalty u/s 271D of the Act.

Expenditure towards CSR disallowed u/s 37 of Income Tax Act

April 13, 2023 4053 Views 0 comment Print

ITAT Mumbai held that expenditure incurred towards Corporate Social Responsibility are specifically disallowed as per explanation 2 to Section 37(1) of the Income Tax Act.

No service tax on right to use of Mining of natural resources (Sand) assigned before 01.04.2016

April 13, 2023 1935 Views 0 comment Print

Commissioner of CGST & Excise Vs Broad Son Commodities Private Limited (CESTAT Kolkata) The facts of the case are that the Government of Bihar awarded to the respondent the right to use mining of minerals, oil or gas in respect of sand ghats of Patna, Bhojpur and Saran of the State of Bihar. The right […]

MPVAT: HC directs Refund of pre-deposit with 6% Interest

April 13, 2023 1191 Views 0 comment Print

Mount Everest Breweries Ltd. Vs State of Madhya Pradesh (Madhya Pradesh High Court) The learned counsel for petitioner submitted that earlier the petitioner had filed a petition bearing W.P. No. 8560/2016 seeking quashment of the assessment order issued by the respondents for the assessment year 2012-13 for arbitrarily levy of tax on beer under residual entry […]

Assessee entitled to claim depreciation on goodwill

April 13, 2023 1551 Views 0 comment Print

Value of goodwill is amount paid over & above tangible assets and values assigned to other intangible assets – Depreciation allowed

GST refund denied as Exporter initially not mentioned name & GSTIN of supplier in shipping bill- HC directs reconsideration

April 13, 2023 1380 Views 0 comment Print

Gujarat HC quashes CGST appeal on refund denial. Orders fresh consideration by Appellate Authority. Apex Formulations Pvt Ltd. vs Union of India.

Machining of casting amount to manufacture, Service tax not payable

April 12, 2023 819 Views 0 comment Print

Ramaben Parmar Vs C.S.T.-Service Tax (CESTAT Ahmedabad) As regard the service tax on the job work carried out by the appellant, we find that the appellant have converted the casting by process of machining into a parts which is used by the principal manufacturer in the manufacture of their product. The conversion from rough casting […]

Period of limitation extended by SC also applies to claim for GST refund

April 12, 2023 3477 Views 0 comment Print

Tejus Vertrage Infra LLP Vs Union of India & Ors  (Bombay High Court) Period of limitation which was extended under the orders passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 also apply to the claim for refund. The learned Counsel for the Petitioner states that the decision […]

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