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Judiciary

Eligibility of benefit of notification 30/2004-CE vis-à-vis reversal of CENVAT Credit needs fresh determination

October 23, 2023 285 Views 0 comment Print

CESTAT Mumbai held that eligibility of benefit of notification no. 30/2004-CE dated 9th July 2004 owing to reversal of CENVAT Credit needs to be examined by lower authorities. Accordingly, matter restored back to original authority for fresh determination.

Differential duty paid on expiry of export obligation period hence no violation of condition of advance license

October 23, 2023 567 Views 0 comment Print

CESTAT Mumbai held that as differential duty was paid with interest on expiry of export obligation period, there is no violation of the conditions of Advance License under Notification no. 96/2009-Cus. dated 11.09.2009 and hence redemption fine and penalty set aside.

Allahabad HC Upholds Input Tax Credit Denial Due to Lack of Evidence

October 23, 2023 19833 Views 1 comment Print

Explore the judgment from the Allahabad High Court in the case of Malik Traders vs. State of U.P. The court upheld the denial of input tax credit due to insufficient evidence, highlighting the importance of providing comprehensive proof of transactions in GST cases.

Madras High Court Allows Assessee to Rectify Technical Glitch in Assessment

October 23, 2023 654 Views 0 comment Print

Explore a recent judgment from the Madras High Court in the case of Tamil Nadu Discharged Prisoners’ Aid Society vs. Additional-Joint-Deputy-ACIT-ITO. The court provides relief to a non-profit organization facing a technical issue in filing their tax returns, allowing them to rectify the situation.

Madras High Court Sets Aside Order Passed Without Hearing Petitioner

October 23, 2023 591 Views 0 comment Print

Explore the recent decision of the Madras High Court in Erode District Tractor Owners Association Vs PCIT concerning an order passed under Section 264 of the Income Tax Act, 1961. The court sets aside the order and calls for a fresh decision.

No Denial of Concessional Tax Rate Due to Technical Glitch on ITBA portal

October 23, 2023 828 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT Vs KGY Glass Industries (P) Ltd regarding the denial of concessional tax rate due to a technical glitch in filing Form 10-IC under section 115BAA for AY 2020-21.

Cenvat credit of entire input service available even if portion of service is used in manufacture of exempt goods

October 23, 2023 375 Views 0 comment Print

CESTAT Mumbai held that rule 6(5) of Cenvat Credit Rules, 2004 provides for availment of entire amount of credit of input services even though certain portion must have been used in manufacture of exempted goods.

Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’

October 23, 2023 462 Views 0 comment Print

CESTAT Mumbai held that rule 10A of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [valuation rules] is effected only when inputs are supplied and sale is effected to the buyer by the Principal Manufacturer. Thus, Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’.

Matter relating to expression ‘vacant land’ in Urban Land (Ceiling and Regulation) Act placed before Hon’ble Chief Justice

October 23, 2023 1320 Views 0 comment Print

Supreme Court concluded that the matter relating to true construction, meaning and import of the expression ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 should be placed before Hon’ble the Chief Justice of India for appropriate directions.

Revenue not allowed to add reasons to reasons recorded at the time of reopening notice u/s 148

October 23, 2023 690 Views 0 comment Print

Bombay High Court held that the reopening notice can be sustained only on the basis of the ground mentioned in the reasons recorded. It is not open to the revenue to add and/or supplement later the reasons recorded at the time of reopening notice. Accordingly, reassessment proceedings set aside.

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