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Judiciary

Manual breast pump classifiable under CTH 39269090

April 5, 2023 1248 Views 0 comment Print

CESTAT Delhi held that manual breast pump has nothing to do with any medical or surgical procedures nor is it used by any medical practitioner hence the same is classifiable under CTH 39269090.

Review of declared price without any evidence that price is influenced is unsustainable

April 5, 2023 363 Views 0 comment Print

CESTAT Ahmedabad held that review of declared price without any evidence, to the effect that relation has influenced the declared price or to the effect that there was flow back of money from importer to related supplier, is unsustainable in law.

Remission available as variation is due to density of goods based on different temperature at time of loading unloading

April 5, 2023 291 Views 0 comment Print

CESTAT Ahmedabad held that remission of duty available as variation in KL is only due to density of the goods that due to different temperature at the time of loading and unloading.

Excess duty paid on difference between clearance value from factory & sale value from depot refundable

April 5, 2023 669 Views 0 comment Print

CESTAT Ahmedabad held that excess duty paid on difference between the clearance value from the factory and the sale value from the depot is refundable. Further, such refund cannot be rejected on ground that appellant has not followed provisional assessment.

GST Refund: Assesses cannot be expected to wait till eternity for GST Tribunal formation

April 5, 2023 1269 Views 0 comment Print

Petitioner approached HC against order passed by appellate authority as GST Tribunal has not been constituted till date. Revenue contended that writ petition should not be admitted in wake of alternate remedy.

HC allows rectification of mistakes in Form GSTR 1

April 5, 2023 4974 Views 0 comment Print

Errors committed are clearly inadvertent and, rectification would, in fact, enable proper reporting of turnover and input tax credit to enable claims to be made in an appropriate fashion by petitioner and connected assessees.

Donation To Rashtriya Komi Ekta Party Is Genuine: ITAT Ahmedabad

April 4, 2023 11109 Views 0 comment Print

ACIT Vs. Armee Infotech (ITAT Ahmedabad) RASHTRIYA KOMI EKTA PARTY IS ONE OF THE ‘23’REGISTERED UNRECOGNISED POLITICAL PARTIES. The grievance of the Revenue in its appeal for the Asstt.Year 2012-13 is that the ld.CIT(A) has erred in deleting disallowance of Rs.55 lakhs in respect of donation to political parties under section 80GGC of the Act. […]

SVLDRS: Investigation must be pending on 30 June 2019 to disentitle declarant under voluntary disclosure category

April 4, 2023 963 Views 0 comment Print

Chandra Developers Private Limited Vs Union of India (Bombay High Court) Whether the commissioner could issue show cause notice when the discharge certificate has not been withdrawn by the designated committee, the enquiry was not initiated prior to 30.06.2019 (cut off date). The Hon’ble High Court of Bombay. The petitioner was a service provider. It […]

Supreme Court’s Soft Stance on Revenue Officer’s Appeal

April 4, 2023 1755 Views 0 comment Print

Chandra Prakash Mishra Vs Flipkart India Private Limited & Ors. (Supreme Court of India) In Chandra Prakash Mishra v. Flipkart India Pvt. Ltd. and Others (2022) 6 TMI 203; (2022) 137  taxmann.com 366 (Supreme Court), appellant preferred a civil appeal against Allahabad High Court order in a matter concerning Value Added Tax (VAT). [Flipkart India […]

GST on supply of works contract service to South Central Railway

April 4, 2023 1155 Views 0 comment Print

Services provided by TS Transco to South Central Railway are classifiable as ‘Works Contract Service’ falling under Chapter 99, Group 99542 and are taxable @ 18%

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