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Judiciary

Demand based on computer printouts unsustainable if not satisfies conditions u/s. 36B of Central Excise Act

September 29, 2023 363 Views 0 comment Print

CESTAT Ahmedabad held that as investigating officers failed to comply with conditions of section 36B of the Central Excise Act with respect to obtaining certificate prior to relying upon the computer printout. Hence, demand set aside as based on unauthenticated data.

Drawback available on export of gold dore bars when only additional duty paid at the time of import

September 29, 2023 330 Views 0 comment Print

Delhi High Court held that drawback benefit is duly available on export of gold dore bars on payment of only additional duty under section 3 of the Customs Tariff Act at the time of import.

Reopening u/s 148 fails as was based on material which no longer exists as being legally incorrect

September 29, 2023 678 Views 0 comment Print

ITAT Mumbai held that the material/information on which AO have re-opened the assessment is no longer existing being legally incorrect. Hence, action of AO to have issued notice of re-opening of assessment u/s 148 of the Act itself fails.

Provision of telecommunication and ancillary support service on its own doesn’t qualify as intermediary service

September 29, 2023 297 Views 0 comment Print

Delhi High Court held that telecommunication-company, providing telecommunication and ancillary support services to company based in Singapore on its own cannot be qualified as ‘intermediary service’ as they have entered into separate contracts with service providers in India.

GST Treatment for Maintenance, Electricity Charges & Advance Collections in Residential Complexes

September 29, 2023 5397 Views 0 comment Print

In re NCC Urban One Apartment Owners Mutually Aided Co-Op Society Limited (NCCLIOMACS) (GST AAR Telangana) In the case of NCC Urban One Apartment Owners Mutually Aided Co-Op Society Limited (NCCLIOMACS), the Authority for Advance Ruling (AAR) in Telangana provided clarifications on various questions related to the GST treatment of maintenance charges, electricity charges, and advance […]

AAR unable to provide Clarification due to Missing Information; Application Dismissed

September 29, 2023 513 Views 0 comment Print

As applicant did not provide requested information, AAR concluded that it couldn’t offer a clarification on questions raised. Therefore, application was dismissed.

Allowing in withdrawal of amount by violating ‘Postal Department Rules’ would constitute ‘Deficiency in Service’

September 29, 2023 408 Views 0 comment Print

In present facts of the case, the Revision Petition (RP) was filed under section 21 (b) of Consumer Protection Act 1986, against the order dated 08.05.2019 of the State Consumer Disputes Redressal Commission West Bengal.

Detaining person forcefully by Railway Personnel without giving an opportunity to unload the luggage would constitute ‘deficiency of Service’

September 29, 2023 243 Views 0 comment Print

In present facts of the case the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that Railway Personnel were liable for ‘deficiency of Service’ when the Complainant was detained forcefully from the train without letting him to unload his luggage due to which the luggage was lost and the Complainant have to bear the financial loss.

CESTAT Grants Interest on Delayed Refund from 3 months after initial application’s date

September 29, 2023 585 Views 0 comment Print

Relief to Videocon Industries, Interest of Refund allowable even if Refund was Granted after 3 Months from Date of Commissioner’s Order: CESTAT

Inadequate Explanation for Appeal Filing Delay – ITAT denies Condonation

September 29, 2023 615 Views 0 comment Print

Read the full text of the ITAT Delhi order regarding Smt. Nidhi Agarwal’s appeal delay and the denial of condonation due to inadequate explanation.

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