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Judiciary

Trust registration rejection: ITAT orders Reconsideration & fair hearing

June 21, 2023 2031 Views 0 comment Print

Delve into the case of Society of Educational Assistance and Training Vs CIT (Exemptions), where ITAT Amritsar mandates reconsideration of a charitable trust registration rejection due to a lack of fair hearing opportunity.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 249 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 396 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 732 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1395 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Bogus firm is not a ground enumerated u/s 29(2) for cancellation of GST registration

June 21, 2023 1038 Views 0 comment Print

Allahabad High Court held that once the registration is granted, the same could be cancelled only in terms of the conditions prescribed under Section 29(2) and allegedly being a bogus firm is not a ground enumerated under Section 29(2) of the Central Goods and Services Tax Act, 2017.

Provision of rule 89(4) of CGST Rules inapplicable to refund of integrated tax paid on zero-rated supply

June 21, 2023 21423 Views 0 comment Print

Delhi High Court held that rule 89(4) of the Central Goods and Services Tax Rules, 2017 applies only in case of zero rated supply of goods or services, without payment of tax under bond or letter of undertaking. Accordingly, provisions are inapplicable to cases of refund of integrated tax paid on zero rated supply.

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 1656 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

Competent authority bound to re-assess basic tax rate post change in nature of land

June 21, 2023 579 Views 0 comment Print

Kerala High Court held that as the nature of the land of the petitioner has been permitted to be changed pursuant to passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land

Demand of property tax without assessment of property is untenable

June 21, 2023 990 Views 0 comment Print

Kerala High Court held that there cannot be an automatic demand for property tax without fixing the tax payable in accordance with the procedure provided in the Act and the Rules. Accordingly, demand of property tax without assessment of the property is untenable in law.

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