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Judiciary

Reassessment can be initiated only on approval from specified authority & should not be based on change of opinion

September 9, 2023 3735 Views 0 comment Print

Exploring Siemens Financial Services vs DCIT Bombay High Court case that clarified role of specified authority in reassessment approvals and impermissibility of changes in opinion.

Service tax payable on Corporate guarantee & credit protection guarantee service

September 8, 2023 1617 Views 0 comment Print

An analysis of Hindustan Construction vs. Commissioner of Service Tax case, covering service tax on corporate guarantees and credit protection fees.

Show cause proceeding cannot be scuttled by filing a writ petition if it is not without jurisdiction

September 8, 2023 504 Views 0 comment Print

High Court held that Show cause proceeding cannot be scuttled by filing a writ petition, as it is not without jurisdiction. It is open for the petitioner to reply to the SCN for violation of Sec 269SS.

CCI Closes Profiteering Case as ITC Benefits already Passed

September 8, 2023 1554 Views 0 comment Print

Explore the Competition Commission of India’s decision in Aruna Popat vs Shalwak Infrabulls, where profiteering allegations were dropped after ITC benefits passed.

No Service Tax on VAT-Paid Goods used in Auto Repairs: CESTAT Allahabad

September 8, 2023 813 Views 0 comment Print

CESTAT held that if Value Added Tax (VAT) is paid on goods used in repairs, no service tax can be levied on those goods.

Removal of scrap generated during manufacture without payment of duty for job work justified

September 7, 2023 630 Views 0 comment Print

CESTAT Chandigarh held that scrap generated during manufacture can be removed without payment of duty for job work and can be used as inputs.

Addition not sustained as non-accounting of expired stock doesn’t impact profitability

September 7, 2023 564 Views 0 comment Print

ITAT Chandigarh held that mere non-accounting of the expired stock as part of the opening stock would not have any impact on the profitability. Accordingly, addition thereof is liable to be deleted.

Penalty imposed u/s 270A is appealable before CIT(A)

September 7, 2023 6978 Views 0 comment Print

ITAT Raipur held penalty imposed u/s. 270A of the Income Tax Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Income Tax Act.

Denial of benefit of VCES based on notice which is time barred is unjustified

September 7, 2023 339 Views 0 comment Print

CESTAT Delhi held that denial of benefit of Voluntary Compliance Encouragement Scheme, 2013 (VCES) based on the show cause notice which is time barred is unjustified.

Excise Duty: Penalty unwarranted as amount paid before issuance of notice

September 7, 2023 246 Views 0 comment Print

CESTAT Chennai held that imposition of penalty unwarranted as differential duty is already paid before issuance of show cause notice.

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