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Judiciary

GST Rectification application Rejection without Reasoning is unjustified: Madras HC

December 5, 2024 1269 Views 0 comment Print

If the authorities decide not to entertain the said request, he shall give detailed reasons as to why the said order is being made. Further proceedings, pursuant to DRC- O7 notice dated 02.01.2024 shall be kept in abeyance.

Labour Court cannot substitute order of dismissal as material hold respondent guilty of charges

December 5, 2024 492 Views 0 comment Print

Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were issued. Notably, it is alleged that a Safal brand one litre oil sachet was found hidden on the tank bag of his two wheeler.

Refund Rejection Order Invalid if fails to Providing Necessary Information

December 5, 2024 1038 Views 0 comment Print

Madras High Court quashes refund rejection order for lack of detailed information in SCN, emphasizing the principle of fair hearing under Audi Alteram Partem.

Delay in Income Tax Appeal Condoned: Liberal Approach Needed for Substantial Justice

December 5, 2024 1497 Views 0 comment Print

ITAT Vishakhapatnam condoned 102 days in filing of an appeal before CIT(A) and remanded the matter back to CIT(A) with an observation that sufficient cause should receive liberal construction to advance substantial justice.

Penalty u/s. 271(1)(b) imposable as no plausible explanation given for non-compliance of notices

December 4, 2024 1095 Views 0 comment Print

ITAT Kolkata held that imposition of penalty under section 271(1)(b) of the Income Tax Act justified as no plausible explanation was given by the assessee for non-compliance of notices served by AO.

Refund of excess payment of customs duty rejected as time barred: CESTAT Hyderabad

December 4, 2024 1437 Views 0 comment Print

The appellants had filed a refund claim with Assistant Commissioner of Customs (CRS), Visakhapatnam for Rs.5,03,984/- on 10.08.2023. The said refund claim was that the appellant had paid the Duty twice due to ‘ICEGATE error’.

Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

December 4, 2024 1101 Views 0 comment Print

Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been justified in assuming that the issue of classification was neither questioned nor doubted.

Service Tax Demand Not Applicable When Paid under RCM: CESTAT Ahmedabad

December 4, 2024 876 Views 0 comment Print

CESTAT Ahmedabad rules that service tax cannot be demanded when tax liability is already settled under Reverse Charge Mechanism.

Insulin manufactured using r-DNA technology eligible for customs exemption: CESTAT Chennai

December 4, 2024 573 Views 0 comment Print

CESTAT Chennai held that insulin manufactured using r-DNA technology would qualify as a mono component insulin and hence benefit of exemption notification under Notification No. 12/2012 – Cus. dated 17.03.2012 available.

Mere reporting in GST return doesn’t make amount taxable under Income Tax: ITAT Ahmedabad

December 4, 2024 1143 Views 0 comment Print

Since the Revenue has not brought anything on record to controvert the findings of Ld. CIT(A), we don’t find any reason to interfere with his order. The ground taken by the Revenue is dismissed.

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