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Judiciary

Extended period not invocable as wrong assessment not pointed out during scrutinizing return

September 29, 2023 354 Views 0 comment Print

CESTAT Delhi held that if the audit points out some wrong assessment which was not pointed out by the officer scrutinizing the ER-1 return, the fault lies at the doorstep of the officer. Hence, invocation of extended period of limitation bad-in-law.

CESTAT Orders Reconsideration on Merits as Commissioner (Appeals) Incorrectly Rejected Appeal

September 29, 2023 330 Views 0 comment Print

In Gidderbaha vs. Commissioner of CGST & Central Excise Ludhiana case, CESTAT orders reconsideration on merits due to improper rejection based on pre-deposit compliance.

Section 271B penalty not attracted if no books of account been maintained

September 29, 2023 1314 Views 0 comment Print

ITAT Mumbai ruling on penalty u/s.271B for non-maintenance of books of accounts by an assessee engaged in trading, financing, realty, and commodities business. Analysis of Varadagovind Parthasarthy Iyer vs ITO case.

No Penalty on Customs House Agent Not Directly Involved in Facilitating Illegal Imports

September 29, 2023 291 Views 0 comment Print

CESTAT Chennai’s ruling on penalty under Section 112(a) of the Customs Act for importing Chinese mobile phones. Analysis of K. Natarajan vs. Commissioner of Customs case.

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 828 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

PCA not liable to pay service tax under the heading “Club or Association Service”

September 29, 2023 369 Views 0 comment Print

In absence of evidence and PCA’s registration under Society Registration Act, tribunal found that PCA was not liable to pay service tax under Club or Association Service.

Excise Duty Refund Cannot Be Withheld by mere appeal filing Without Higher Court Stay

September 29, 2023 426 Views 0 comment Print

Analysis of Indian Oil Corporation Ltd vs CCEST case where issue of excise duty refund and applicability of limitation under section 11B were discussed. Learn more.

No Service Tax Under BAS on Compression of Natural Gas Classified as Manufacturing

September 29, 2023 285 Views 0 comment Print

Discover CESTAT Ahmedabad’s ruling on service tax for compression of natural gas as manufacturing activity. Learn about the case and its implications.

Kerala HC Allows Instalment Payment of KVAT Dues Due to Financial Constraints

September 29, 2023 231 Views 0 comment Print

Read how Kerala High Court granted instalment payment for balance tax under KVAT Act due to financial incapacity in the Pyramid Architects case.

AO’s Lack of Independent Inquiry Invalidates Unexplained Investment addition

September 29, 2023 420 Views 0 comment Print

Analysis of ACIT Vs Karsan Bhai Khimabhai Patel case where AO’s lack of independent inquiry invalidated unexplained investment addition. Learn more about ruling.

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