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Judiciary

Date of judgement is relevant date where duty becomes refundable as a consequence of judgement

July 17, 2023 528 Views 0 comment Print

CESTAT Delhi held that where the duty becomes refundable as a consequence of judgement decree order or direction of appellate authority Appellate Tribunal or any Court, the date of such judgement decree, order or direction shall be the relevant date.

Struck off of name by ROC unsustainable as substantial movable and immovable assets held by Company

July 17, 2023 600 Views 0 comment Print

NCLAT Delhi held that struck off of name from the list of Active Companies by ROC unsustainable as Company is having substantial movable as well as immovable assets, and hence it cannot be said that the Appellant Company is not carrying on any business or operations.

Deduction u/s 10AA available on trading activities from SEZ

July 17, 2023 1029 Views 0 comment Print

ITAT Mumbai held that activities of import of goods for re-export (i.e. trading activities) falls within the meaning of service defined u/s 2(z) of SEZ Act and accordingly the profits and gains derived from such services rendered from SEZ would be eligible for deduction u/s. 10AA of the Income Tax Act.

SAD Exemption Ineligible for Importer Violating Import Policy & Exemption Notification Terms

July 17, 2023 228 Views 0 comment Print

Analysis of the CESTAT Bangalore order in the case of DLF Southern Towns Pvt Ltd vs. Commissioner of Customs where violation of import policy led to confiscation and penalty.

Reopening untenable in absence of tangible material concluding that income has escaped assessment

July 17, 2023 510 Views 0 comment Print

Bombay High Court held that reopening of assessment, in the exercise of powers under section 147 read with section 148 of the Act, without tangible material to conclude that income had escaped assessment is untenable in law.

No Appeal Against ITAT Order in Misc. Application u/s 260A of Income Tax Act

July 17, 2023 639 Views 0 comment Print

In-depth review of the Delhi High Court’s judgment in the case of CIT Vs L.G. Electronics Inc. Korea, highlighting key aspects and the implications of the ruling.

CESTAT Orders De-Novo Adjudication for Jurisdiction Issue in Service Tax Case

July 17, 2023 891 Views 0 comment Print

Comprehensive review and implications of the CESTAT Ahmedabads decision in the Modest Infrastructure Limited Vs Commissioner of Central Excise case.

Cenvat Credit Rule 6(3) inapplicable if wrongly taken credit reversed subsequently

July 17, 2023 1311 Views 0 comment Print

Detailed review and implications of CESTAT Ahmedabads judgment in the case of West Coast Pharmaceutical Works Ltd Vs C.C.E.-Ahmedabad.

Pre-April 2007 Transactions Exempt from Penalty under Central Excise Rule 26(2)

July 17, 2023 315 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Goodluck Empire Vs CCE & ST case involving penalties under Rule 26 of Central Excise Rules, 2002.

Service Tax on Software Activation Charges in Telecom System

July 17, 2023 480 Views 0 comment Print

Explore the landmark CESTAT Ahmedabad order on whether service tax is applicable to software activation charges under Business Auxiliary Service in the case of Avaya Global Connect Vs Commissioner of Central Excise & ST

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