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Judiciary

CENVAT Credit Dispute at recipient end Not Permitted if accepted at supplier’s end

July 31, 2023 1029 Views 0 comment Print

CESTAT held that if assessment of duty payment by supplier has been accepted without objection, it cannot be disputed at recipient’s end for availing Cenvat credit.

Retired Partner Not Liable for Firm’s Post-Retirement Excise Duty Dues

July 31, 2023 591 Views 0 comment Print

Uncover the critical implications of the CESTAT Ahmedabad’s landmark ruling, where a retired partner was found not liable for the excise duty dues of his former firm.

Refund of Excess excise Duty Eligible on Quantity Discount Extension: CESTAT

July 31, 2023 429 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savita Oil Technologies, allowing the refund of excess excise duty paid due to quantity discounts given to customers.

Service Tax Demand Requires Accurate Service Specification in SCN

July 30, 2023 807 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Goyal & Co Construction, stating service tax demand cannot be confirmed without mentioning it in the show cause notice.

CESTAT: Ferrous Scrap Clearance from Imported Brass Not Treated as Input Removal

July 30, 2023 792 Views 0 comment Print

CESTAT ruling discusses whether clearance of iron and steel scrap from imported brass can be treated as removal of inputs under Cenvat Credit Rules, 2004.

CESTAT: HDPE Exempt from Customs Duty, Character Unchanged Even After Modification

July 30, 2023 792 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Vikram Plasticizers, granting them customs duty exemption for their chemically modified HDPE, as it maintains its character.

Slight variation in physical weight not affects value declared on the basis of Theoretical Weight

July 30, 2023 1281 Views 0 comment Print

In the case of Welspun Corp Ltd vs. C.C.-Mundra, CESTAT Ahmedabad ruled that a minor increase or decrease in weight compared to import invoices, calculated based on theoretical weight, is allowable. The tribunal cited a previous judgment in favor of the appellant and set aside the demand for enhanced valuation.

ITAT Deletes Penalty u/s 271(1)(c) for Non-Disclosure in ITR Due to Accountant’s Ignorance

July 30, 2023 1416 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad relieves an assessee from penalties due to accountant’s mistake. Full review of Dharmendrakumar B Mehta Vs ITO case here.

HC Quashes GST Refund Rejection Order in Form GST-RFD-08 for Lack of Reasons

July 30, 2023 1770 Views 0 comment Print

Delhi High Court overturns GST refund claim rejection in a landmark case, highlighting the necessity for reasons in Form GST-RFD-08. Read the full case analysis here.

HC Upholds GST Penalty for Goods Transported Without Proper Invoice & Documents

July 30, 2023 1305 Views 0 comment Print

Read an insightful analysis of the Madras High Court’s decision to confirm a penalty on goods transmitted without proper invoice and transport documents.

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