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Judiciary

Karnataka HC quashes Rule 89(4)(c) of CGST Rules, 2017

March 30, 2023 35277 Views 1 comment Print

HC held that impugned amendment to Rule 89(4) (C) of the CGST Rules, as amended vide Para 8 of Notification 16/2020-CT dated 23.03.2020 is illegal, arbitrary, unreasonable, irrational, unfair, unjust and ultra vires Section 16 of the IGST Act and Section 54 of the CGST

SC ruling on classification disputes on LCD panels

March 30, 2023 2928 Views 0 comment Print

CCE, Aurangabad Vs Videocon Industries Ltd. (Supreme Court) Sub- Whether LCD panels are to be classified as part of television sets or audio players or independently for charging Customs duty? The Apex Court in this case was dealing with the classification of LCD Panels which were imported and were to be used as part of […]

Cash Deposited during Demonitization allowed by Pune ITAT

March 30, 2023 1506 Views 0 comment Print

It is seen that the assessee is maintaining regular books of accounts. The first item is of Rs. 20,50,000/- claimed to have been received from farmers out of advances made in the preceding year.

Penalty notice u/s. 274 r.w.s 271(1)(c) not specifying limb under which penalty proceeding is initiated is invalid

March 30, 2023 5922 Views 0 comment Print

ITAT Delhi held that issuance of notice under section 274 r.w.s. 271(1)(c) of the Income Tax Act without specifying the particular limb under which the penalty proceedings have been initiated concludes that the notice is issued in a stereotyped manner without applying mind and accordingly imposition of penalty is bad in law.

SC held circumstantial evidence does not dilute requirement of proof beyond reasonable doubt under PC Act

March 30, 2023 3021 Views 0 comment Print

The Constitutional Bench ruled that allows Circumstantial Evidence did not dilute the requirement of Proof Beyond Reasonable Doubt under the Prevention of Corruption Act, 1988. Since there were no circumstances brought on record which would prove the demand for gratification, therefore, the ingredients of the offence under Section 7 of the PC Act were not established and consequently, the offence under Section 13(1)(d) would not be attracted.

IBC CIRP withdrawal application cannot be kept pending for constitution of CoC: SC

March 29, 2023 1818 Views 0 comment Print

Section 12A of IBC permits withdrawal of applications admitted under sections 7, 9 and 10 of IBC. It permits withdrawal of such applications with approval of 90 percent voting share of CoC in such manner as may be specified.

Sugarcane juice classifiable under tariff item 20098990 & 12% GST applicable

March 29, 2023 4122 Views 0 comment Print

In re Gobind Sugar Mills Limited (GST AAR Uttar Pradesh) Question 1. Classification of Sugar Cane Juice. Answer: Sugarcane juice is classifiable under chapter 20 and tariff item 20098990. Question 2. Rate of GST applicable on sale of Sugarcane Juice. Answer: Sugarcane Juice is taxable at a rate of 6% CGST & 6% SGST or […]

Heading covering specific description is to be preferred over heading covering general description

March 29, 2023 1200 Views 0 comment Print

CESTAT Hyderabad held that as per Rule 3 of General Rules of Interpretation specific description is to be preferred over a general description. Accordingly, CTH 9027 is more specific for instrument – I Stat System along with cartridges, etc. than CTH 9018.

Freight not includible in assessable value as factory gate is the place of removal

March 29, 2023 900 Views 0 comment Print

CESTAT Ahmedabad held that demand of duty on freight by including the same in assessable value not sustainable as factory gate is the place of removal.

Prosecution in Dabba trading based on inadmissible piece of evidence is liable to be quashed

March 29, 2023 3159 Views 0 comment Print

Madras High Court held that confirmation of Dabba trading is based on inadmissible piece of evidence. Accordingly, prosecution becomes a futile exercise and hence quashed.

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