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Judiciary

Excise duty demand will not sustain if after adjusting Cenvat credit no differential demand arises

May 9, 2023 915 Views 0 comment Print

Commissioner of Central Excise & ST Vs Gujarat Heavy Chemicals Limited (CESTAT Ahmedabad) CESTAT find that appeal can be disposed of only on threshold point that whether the entire case involves the Revenue neutrality or otherwise. There is no dispute that all the goods on which the duty was demanded have been imported duly paid […]

Under PMLA It is immaterial whether acquittal was on merit or compromise

May 9, 2023 2691 Views 0 comment Print

Manturi Shashi Kumar Vs Director (Telangana High Court) Facts in the present appeal lie within a narrow As already noted above, appellant No.1 was an accused in the criminal case for offences which are considered as predicate offences under PMLA. In view thereof, a case was registered under PMLA following which the properties mentioned above […]

Designing & Execution of Stalls on Customer’s Request is Work Contract not Interior Decorator service

May 9, 2023 936 Views 0 comment Print

Praveg Communications India Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In the present case, the appellant’s activity being of setting-up of stalls for exhibition or events cannot be considered to be classified under Interior Decorator’s service for the reason that there is neither any element of beautification of space nor any provision […]

Jurisdiction of Settlement Commission in Relation to Goods under Section 123 of Customs Act- SC gives split verdict

May 9, 2023 1083 Views 0 comment Print

Right of an accused under Customs Act, 1962 to settle dispute as per provisions contained under chapter XIV A of the Customs Act.

Filing of Writ due to expiry of period of filing appeal is abuse of process of Court: HC

May 9, 2023 1026 Views 0 comment Print

Allahabad High Court noted that against the order dated 21.05.2022 passed u/s 74 of GST Act, 2017, the appeal could have been filed within a period of 30 days, which was extendable for one month and no more.

MOA cannot be rejected by Customs if not incorrect, fabricated or if no variation in specification of goods

May 9, 2023 474 Views 0 comment Print

Ghasiram Gokulchand Vs C.C. Jamnagar (CESTAT Ahmedabad) In the instant case, CESTAT find that the genuineness of the MoA dated 22.11.2012 has not been doubted. It is also noted that the LDT mentioned in the MoA dated 05.11.2012 between Ace Exim Pvt. Ltd. and Alang Auto & Gen. Engg. Pvt. Ltd. was not found to […]

Excise Duty cannot de demanded on Amortization Cost of Cylinder if same already included in value of packaging material

May 8, 2023 621 Views 0 comment Print

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the demand of duty on cylinder used for printing of packaging material, we find that though the invoice was issued for sale of cylinder but the same was not cleared from the factory and the same was used within the factory since it is used […]

Pre-delivery inspection charges includible in assessable value if inspection is mandatory for sale of goods

May 8, 2023 981 Views 0 comment Print

CESTAT observe that pre-delivery inspection charges are includible in the assessable value when such pre-delivery inspection is mandatory and an essential condition for the sale of the goods

SC allows tax exemption to Trust Registered in year 1987 despite not applying for registration in 1997

May 8, 2023 1632 Views 0 comment Print

Assessee continued to be granted the exemption under Section 12A of the Act. It is the case on behalf of the appellant that till 1987 there was no requirement of issuance of any certificate of registration of Section 12A and only filing an application for registration under Section 12A and processing the same by the Department was sufficient.

No obligation to deduct section 194H TDS if commission not debited to Profit & Loss Account

May 8, 2023 3927 Views 0 comment Print

Ketan Sahebrao Purkar Vs ITO (ITAT Pune) The issue involved in the present appeal is whether on the facts and circumstances of the case, the appellant is liable to deduct tax at source u/s 194H in respect of expenditure claimed to have been debited to Profit & Loss Account under head “commission”. Without delving into […]

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