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Judiciary

ITAT deletes addition for cash deposit during demonetization as appellant duly explained deposits

May 6, 2023 5409 Views 0 comment Print

Jet Freight Logistics Limited Vs CIT Appeal (NFAC) (ITAT Mumbai) It is evident that assessee is in continuous need for payment of cash at various point of time and hence, assessee had to withdraw cash in order to satisfy its business requirements. Moreover, the assessee has got 9 branches all over India and such cash […]

GST refund cannot be withheld for filing of appeal against refund order

May 6, 2023 3231 Views 0 comment Print

Brij Mohan Mangla Vs Union of India (Delhi High Court) In this case In terms of Orders passed by Appellate Authority, the orders rejecting petitioner’s application for GST refund have been set aside. The Appellate Authority has also directed restoration of the petitioner’s GSTIN registration. The record also indicates that the petitioner thereafter once again […]

Court has discretionary power to waive pre-deposit requirement in rare and deserving cases

May 5, 2023 2610 Views 0 comment Print

Delhi High Court held that Court has the power to exercise discretion to waive requirement of pre-deposit of penalty in rare and deserving cases.

Section 16B of HPGST invocable only after determination of liability

May 5, 2023 747 Views 0 comment Print

Held that section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST) would be attracted only after determination of the liability.

Escapement of tax without reasonable cause is essential component of section 43(2) of OVAT Act

May 5, 2023 1053 Views 0 comment Print

Orissa High Court held that the essential component of Section 43(2) of the OVAT Act for attracting the penalty, viz., the satisfaction of the Assessing Officer that the escapement of tax was without reasonable cause, is absent in the present case. Accordingly, imposition of penalty unjustified.

Transaction value rightly rejected due to mis-declared quantity & grade of guar gum

May 5, 2023 687 Views 0 comment Print

CESTAT Delhi held that rejection of transaction value and determining the value based on the contemporaneous value available in National Import Database (NIDB) correct as quantity of goods is much larger than what was declared; buyer and seller are related parties and grade of guar gum is mis-declared.

Refund of balance amount granted in case of mismatch of minor figure as against RFD-01

May 5, 2023 618 Views 0 comment Print

Orissa High Court held that there is mis-match of Rs. 5,18,230/- as against the reflected figure in RFD-01 at Rs. 2,22,97,228/-. Accordingly, court directed to refund the balance amount as only Rs. 5,18,230/- needs proper adjudication.

Compensation for wrong hair cut- Amount maintained at Rs 2 crore by NCDRC

May 5, 2023 9288 Views 1 comment Print

Opposite Party to pay a compensation of ₹2,00,00,000/- (Rupees Two Crores only) to the Complainant for wrong cutting the her hair.

No conversion of DEEC Shipping Bills of IOCL to Drawback Shipping Bills since barred by limitation

May 5, 2023 810 Views 0 comment Print

IOCL was not entitled for the conversion of DEEC shipping bills to drawback shipping bills since it was barred by limitation and was rightly rejected by the competent authority and for the reason for non-filing of the requisite documents in terms of Section 149 of the Customs Act as well as the Circular.

‘Permanently’ in 4th Proviso to rule 9 of Pan Masala Packing Machine Rules means particular month

May 5, 2023 720 Views 0 comment Print

CESTAT Ahmedabad held that the term ‘permanently’ in 4th Proviso to rule 9 of Pan Masala Packing Machine Rules is clearly related to a particular month and not forever.

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