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Judiciary

Penalty Deleted as LEO Signed Before Export: CESTAT Kolkata

January 15, 2025 390 Views 0 comment Print

CESTAT Kolkata rules in favor of Samudera Shipping, stating export occurred with LEO clearance, deleting Rs. 2,00,000 penalty imposed under Section 114 of Customs Act.

Importation of tyres without BIS markings were liable for confiscation u/s 111 of Customs Act

January 15, 2025 303 Views 0 comment Print

Goods (tyres) imported by assessee was without any BIS markings being in violation of the statutory provisions were not permissible to be imported, and hence they were liable for confiscation under Section 111 of the Customs Act.

No opportunity of hearing through video conferencing despite request-ITAT restored the matter to CIT (A)

January 15, 2025 459 Views 0 comment Print

In the matter above-mentioned ITAT resored the matter to CIT (A) who did not provide opportunity of being heard by way of video conferencing despite request.

No notice was served before making adjustment to returned income: ITAT remanded the matter to AO

January 15, 2025 369 Views 0 comment Print

It was argued on behalf of the assessee that the action of AO amounts to a double addition as the claiming of Capital Gains was accurately tendered in the Return of Income.

Notice never served but uploaded on GST portal: ALL HC grants one more opportunity

January 15, 2025 333 Views 0 comment Print

Petitioner has challenged order passed by first appellate authority. Petitioner engaged in the business of manufacturing and sale of goods claimed to be exempted from liability of tax/duty under the GST Act.

Customs duty cannot be demanded jointly & severally: CESTAT deleted penalty u/s 114A

January 15, 2025 270 Views 0 comment Print

As goods were cleared on the bill of entry of the appellant, hence it was made a party by the department. Differential custom duty was demanded jointly and severally from BGH and appellant.

Commercial disagreements, do not fall under anti-competitive practices: CCI

January 15, 2025 213 Views 0 comment Print

CCI dismisses allegations by Rajesh George against Honda India for abuse of dominance, citing lack of evidence and contractual disputes.

GST refund can be granted under IDS as per modified formula: Gujarat HC

January 15, 2025 381 Views 0 comment Print

Gujarat High Court rules on GST refunds under Inverted Duty Structure, affirming claims based on amended formula for applications within the prescribed period.

Notional Income Winding-Up Costs Not Taxable in Transfer Pricing: ITAT Delhi

January 15, 2025 252 Views 0 comment Print

ITAT Delhi clarifies tax treatment for Motricity India: No levy on notional income or closure costs. Insights on Transfer Pricing adjustments and ALP determination.

Victory for Bona Fide Purchaser: Supreme Court Upholds SARFAESI Auction

January 14, 2025 1050 Views 0 comment Print

Supreme Court rules in favor of a bona fide auction-purchaser under the SARFAESI Act, emphasizing due diligence and addressing ownership disputes in loan recovery cases.

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