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Judiciary

Unproved/non-genuine purchases – ITAT reduces addition from 12.5% to 6%

November 4, 2023 606 Views 0 comment Print

Read the full text of the ITAT Mumbai order in Kailash Judhistir Sahu vs. CIT, where the addition from 12.5% to 6% for inability to produce parties of bogus purchases is restricted.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 570 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

Order passed without considering reply results into non-speaking order hence matter remanded

November 3, 2023 5379 Views 0 comment Print

Madras High Court remanded the matter back to the Assessing Officer since Assessing Officer failed to consider the reply/ objections made by the petitioner. Passing of order without considering the reply/objection results into non-speaking order.

CENVAT admissible: Manufacturing Includes Blackening, Buffing, Inspection, Packing, etc.

November 3, 2023 501 Views 0 comment Print

CESTAT Bangalore held that various processes i.e. blackening, buffing, final inspection, packing etc. carried out on the inputs results into manufacture. Accordingly, CENVAT Credit on duty paid on inputs is admissible.

Service Tax Exempt for Admission/Enrollment Fees from Prospective Club Members

November 3, 2023 480 Views 0 comment Print

CESTAT Bangalore held that admission/ enrolment fee collected from prospective members of the club cannot be subjected to levy of service tax under the category of ‘Club or Membership Association Services’.  Accordingly, demand of service tax set aside.

Business Use of Travel Agency and Broadband Services Qualifies for CENVAT

November 3, 2023 321 Views 0 comment Print

CESTAT Chandigarh held that Travel Agency Service, AMC Photocopy Machines and Broadband services used for the purpose of business and not for any personal use is eligible for CENVAT Credit.

HC Denies Anticipatory Bail in ₹2.27 Crores Fraud via Bogus GST-Registered Firm

November 3, 2023 921 Views 0 comment Print

Mr Sujeet Singh Hussain, in whose name M/s Madhu Enterprises was registered, had stated that he was working as a security guard in the office of present applicants, who got his signatures for opening the bank account and fraudulently got the firm registered in his name as well as other employees.

Services rendered Abroad to Company situated outside India Qualify as Export of Services

November 3, 2023 615 Views 0 comment Print

Services rendered by the respondents to M/s SB Plc, UK constitute export of service as the services were utilized by a company situated outside India and used outside India and the principal was located outside India with whom there was contract of service and such principal had paid for such services to the respondent in convertible foreign exchange.

No Section 153A Addition Without Incriminating Material from Search

November 3, 2023 2262 Views 0 comment Print

Addition under Section 153A could not be made in the absence of incriminating material found during the course of a search conducted under Section 132. In case no incriminating material was unearthed during the search, AO could not reassess taking into consideration the other material in respect of completed assessments/unabated assessments.

HC acquits CA in misconduct case for delay & lack of evidence

November 3, 2023 1536 Views 0 comment Print

Bombay High Court acquits CA Gordhanbhai Madhabhai Savalia, citing inordinate delay, lack of evidence, and legal complexities in professional misconduct case.

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