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Judiciary

Writ not maintainable due to non-cooperation for concluding proceedings before Tribunal

November 7, 2023 285 Views 0 comment Print

Kerala High Court held that writ petition is misconceived and non-maintainable as petitioner didn’t co-operate for concluding the proceedings by the Tribunal on remand.

CENVAT Credit on outward transportation from place of removal admissible till 31.03.2008

November 7, 2023 234 Views 0 comment Print

CESTAT Mumbai held that prior to amendment i.e. till 31.03.2008 CENVAT Credit on outward transportation from the ‘place of removal’ is admissible. As entire period of dispute is pre-amendment, CENVAT Credit available and demand unsustainable.

Penalty u/r 26 of CER, 2002 leviable as involvement in clandestine manufacture and clearance established

November 7, 2023 156 Views 0 comment Print

CESTAT Kolkata held that penalty under rule 26 of the Central Excise Rules 2002 leviable as involvement in clandestine manufacture and clearance is well established.

Release of fresh apples imported from New Zealand was allowed on furnishing of Bank Guarantee towards differential duty

November 7, 2023 462 Views 0 comment Print

Customs department was directed to release fresh apples imported from New Zealand as the same were perishable in nature and were meant for human consumption, made the court find it appropriate to order the release of the goods, however, subject to the condition that Respondent should furnish a bank guarantee in order to safeguard the interests of the department.

No excise duty u/s 11A for allegation of illicit clearing in absence of sufficient evidence relating to inflow of cash

November 7, 2023 243 Views 0 comment Print

No excise duty was leviable under section 11A of the Central Excise Act, 1944 on the allegation of illicit clearing as the department had miserably failed to substantiate the allegation of clandestine manufacture and clearance by any tangible or corroborative evidence

Excise Duty demand of approx. 24 Crores was quashed on amount recovered as Liquidated Damages due to non-violation of Rule 6

November 7, 2023 255 Views 0 comment Print

Excise duty demand of approximately 24 crores against Volkswagen India was quashed on the amount recovered as liquidated damages on the ground of non-violation of Rule 6 of the Central Excise Rules,2002 and in the event of rejection of the invoice value as transaction value, it was not open to the adjudicating authority to re-determine value without recourse to Rule 6 of Central Excise Rules.

Exemption from Service Tax for Mark-Up Profit on Ocean Freight Discrepancy

November 7, 2023 987 Views 0 comment Print

Department did not have a case that assessee had not discharged Service Tax on the agency commission received as a Steamer Agent or CHA.

No Section 80P deduction on insurance activities as not fall under Banking business

November 7, 2023 252 Views 0 comment Print

Deduction claimed by assessee in return of income which was directly relatable to the insurance activities, as it did not fall under section 80P(2) i.e., Insurance activities.

Delhi HC Allows Consolidation of GST proceedings initiated by different authorities

November 7, 2023 10479 Views 0 comment Print

In a recent Delhi High Court judgment, it was ruled that GST proceedings initiated by different authorities can be consolidated. Learn more about case and its implications.

Granting short period of time for filing reply violates legal right of assessee

November 7, 2023 2553 Views 0 comment Print

Granting a short period of time to file a reply violates the legal right of an assessee. Learn about judgment of Madras High Court in case of M/s Health and Allied Insurance Company Ltd. v. Commissioner of State Tax, Chennai

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