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Judiciary

Cenvat Credit cannot be denied if duty is paid on finished goods even though it attract nil rate of duty or exempted

February 17, 2023 1542 Views 0 comment Print

Once duty is paid on finished goods even though said finished goods attract nil rate of duty or exempted under any notification, cenvat credit on input cannot be denied

Applicability of transitional provisions CCR Rule 11(3) to both sub-rules 3(i) & 3(ii)

February 17, 2023 264 Views 0 comment Print

Jansons Textile Processors Vs Commissioner of Central Excise & ST Salem (CESTAT Chennai) The facts of the matter are that appellants are manufacturers of cotton textile fabrics and made ups. They were clearing some of the final products on payment of duty as per Notification No.29/2004-CE and claimed exemption under notification No.30/2004-CE on other products. […]

Provisional release application u/s 110-A directed to be filed against detention of Supari imported from Thailand

February 17, 2023 480 Views 0 comment Print

Madras High Court without expressing any opinion on merit, in the case of detention of Supari imported from Thailand, Court directed submission of an application under section 110-A of the Customs Act, 1962 for provisional release of goods.

Start-up company incurring cost for branding prior to product launch is allowable expenditure

February 17, 2023 699 Views 0 comment Print

ITAT Mumbai held that a start-up company incurring cost for branding of the company and other relevant expenditure which creates popularity which helps promotion of contents at the time of its product launch is allowable expenditure.

TCS credit should be given to person to whom income is assessed to tax

February 17, 2023 2439 Views 0 comment Print

ITAT Bangalore held that credit of TCS should be given to the assessee which is finally and lawfully assessed to tax in respect of the corresponding income on which TCS has been collected irrespective of person in whose name TCS certificate is issued.

Rejection of application u/s 125 of Customs Act on sound reasons justifiable

February 17, 2023 1617 Views 0 comment Print

Madras High Court held that rejection of application u/s 125 of the Customs Act, 1962 for release of confiscated goods on payment of redemption fine justified as the rejection was based on sound reasons.

Non-compliance with communication u/s 143(1)(A) on account of technical glitches in IT portal justified

February 17, 2023 978 Views 0 comment Print

ITAT Pune held that non-compliance with communication under Section 143(1)(A) of Income Tax Act 1961 due to IT-Website technical glitches was unintentional and beyond the control of appellant. Accordingly, exemption in the evince of Form No 10B duly available.

Carry forward of unadjusted VAT TDS to GST is duly available

February 17, 2023 969 Views 0 comment Print

Madras High Court held that it is well settled now that carry forward of unadjusted VAT TDS (TNVAT Act) to GST is duly allowed in terms of Section 140 of the TNGST Act, 2017.

AO cannot disturb assessment which has attained finality except if contrary material found during search

February 17, 2023 681 Views 0 comment Print

ITAT Chandigarh held that AO not empowered to disturb the assessment order/ reassessment order which has attained finality, unless contrary material gathered in the course of proceedings u/s 153A of the Income Tax Act.

Section 292C being a deeming provision cannot be applied mechanically

February 17, 2023 1746 Views 0 comment Print

ITAT Delhi held that provisions of section 292C of the Income Tax Act is only a deeming provision and the deeming provision cannot be applied mechanically, ignoring the facts of the case and surrounding circumstances.

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