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Judiciary

Order quashed as three opportunities of personal hearing as required u/s. 33A of Central Excise Act not granted

May 13, 2025 576 Views 0 comment Print

Patna High Court held that section 33A of the Central Excise Act, 1944 mandates granting at least three opportunities of personal hearing at sufficient interval. Order passed without complying the same is liable to be quashed.

Incentives received under Incentive Scheme are capital receipts hence not taxable

May 13, 2025 990 Views 0 comment Print

ITAT Delhi held that incentives in the form of excise duty refund, sales tax remission, sales/ VAT input tax refund received under the Incentive Scheme are capital receipts and hence not chargeable to income tax. Accordingly, ground of the assessee allowed.

Exporters entitled to both input side and output side rebate u/r 18 of Central Excise Rules

May 13, 2025 552 Views 0 comment Print

Bombay High Court held that exporters are entitled to both input side and output side rebate under Rule 18 of the Central Excise Rules, 2002 and not just one kind of rebate. Thus, present writ petition allowed.

Statement Recording via Video Conferencing Allowed Amid Passport Renewal Hold

May 13, 2025 1032 Views 0 comment Print

Bombay High Court permitted audio-video appearance before investigating officer for recording of statement in view of Economic Offences Wing’s (EOW) directions to withhold the renewal of the petitioner’s passport. Accordingly, petition stands allowed.

Customs Writ Dismissed due to negligible amount of drawback & penalty

May 13, 2025 444 Views 0 comment Print

Delhi High Court didn’t entertained the appeal filed by the Customs Department since the quantum of alleged wrongly availed drawback and penalty there on was too negligible. Accordingly, writ disposed of.

CAAR Classifies Zinc Oxide Mixture as Skin Preparation under CTH 33049990

May 13, 2025 792 Views 0 comment Print

Mumbai Customs Authority for Advance Rulings classifies CM3K65HP1, a zinc oxide mixture for sun protection, under CTH 3304 as a skin preparation.

Order Quashed as Petitioner Unaware of GST SCN on ‘Additional Notices’ Tab: Delhi HC

May 13, 2025 792 Views 0 comment Print

Delhi High Court held that petitioner was not aware about the GST SCN uploaded on ‘Additional Notices Tab’, accordingly, order passed in absence of the reply is liable to be quashed. Notably, 30 days time given to petitioner to furnish reply.

Delhi HC Upholds Bail, Rules Re-Arrest Unwarranted in Fraudulent ITC Case

May 13, 2025 1164 Views 0 comment Print

Delhi High Court held that bail granted in fraudulent ITC generated and passed by the respondent is upheld since there was no pending investigation. Re-arrest of respondent is unwarranted since he has fully cooperated in investigation.

Serve GST notice by alternate modes if GST portal notice not responded: Madras HC

May 13, 2025 3699 Views 0 comment Print

This writ petition has been filed challenging the impugned order dated 27.08.2024 passed by the respondent. It is mainly contested that all notices/communications were uploaded by the respondent in the GST common portal.

CAAR Ruling on Classification of Iron Planter Basket & Coir Liner

May 13, 2025 381 Views 0 comment Print

CAAR Mumbai rules on customs classification for iron planter baskets with coir liners and standalone coir liners for export by N.C. John & Sons Pvt. Ltd.

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