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Judiciary

Requirement of separate notification for cross-empowerment u/s. 6(1) of CGST Act referred to division bench

December 10, 2024 1470 Views 0 comment Print

Kerala High Court held that the issue relating requirement of separate notification as contemplated by the provisions of section 6(1) of the CGST Act for cross-empowerment requires an authoritative pronouncement by a Division Bench of this Court.

Revenue appeal dismissed as opportunity to counter allegation not afforded: Delhi HC

December 10, 2024 804 Views 0 comment Print

Delhi High Court held that the assessee was not afforded an opportunity to counter the allegation that it was a conduit company without any substance. Thus, the appeal filed by the revenue dismissed.

Section 98 of IBC allows Financial Creditor to apply for replacement of Resolution Professional

December 10, 2024 864 Views 0 comment Print

NCLAT Delhi held that provisions of section 98 of the IBC enables Financial Creditor to apply for replacement of Resolution Professional. Notably, filing of application by resolution professional is immaterial.

No Section 112(b) Customs Penalty on co-noticee Without Positive Knowledge: CESTAT Mumbai

December 10, 2024 930 Views 0 comment Print

CESTAT Mumbai quashes ₹1,00,000 penalty on co-noticee under Section 112(b) of Customs Act, citing lack of evidence linking him to DEEC scheme violations. Read full order.

Application u/s. 66 of Companies Act for reduction of share capital approved: NCLT Ahmedabad

December 10, 2024 1197 Views 0 comment Print

NCLT Ahmedabad approved application filed u/s. 66 of the Companies Act, 2013 by Mahan Industries Limited for reduction of share capital as approved by the Shareholders by passing a Special Resolution.

Disallowance of sales promotion expense deleted as disallowance is very less as compared to turnover

December 10, 2024 1347 Views 0 comment Print

ITAT Ahmedabad deleted disallowance of sales promotion expenditure since disallowance constitutes small percentage as compared to turnover of the assessee and also there is no allegation of expenditure incurred in cash.

Granting personal hearing mandatory when rectification order is detrimental to interest of assessee

December 10, 2024 1500 Views 0 comment Print

Madras High Court held that proviso 3 to section 161 of the CGST Act provides that it is mandatory to grant an opportunity of being heard if rectification order is detrimental to the interest of assessee.

CESTAT Restores Appeal After Notice Sent to Wrong Address

December 10, 2024 864 Views 0 comment Print

Damodar Nayak Vs Commissioner of Customs (Export Promotion) (CESTAT Mumbai) Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) restored an appeal after two years, observing that the appellant was not served with a notice of the final hearing due to an incorrect address provided by the previous advocate. The tribunal noted that the earlier counsel […]

GST Order Without Opportunity to Reply Violates Natural Justice: Madras HC

December 10, 2024 981 Views 0 comment Print

Madras HC quashes order for GST assessment, stating no opportunity was given to reply to Show Cause Notice, violating natural justice principles.

Disallowance not justified as expenditure mistakenly presumed as personal expenditure: ITAT Delhi

December 10, 2024 819 Views 0 comment Print

ITAT Delhi held that disallowance @10% of personnel expenditure not justified since AO mistakenly presumed expenses claimed by assessee as personal expenditure instead of personnel expenditure. Thus, appeal allowed.

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