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Judiciary

Any person registered or desirous of obtaining GST registration can seek Advance Ruling

May 4, 2023 1032 Views 0 comment Print

Calcutta High Court decision on Anmol Industries vs WB AAR case. Challenge to AAR rejection of GST exemption ruling application. Appellate authority option discussed.

Substantive benefit under SVLDR scheme cannot be denied for technical reasons

May 4, 2023 1176 Views 0 comment Print

Bombay High court held that SVLDR scheme is a dispute resolution scheme. The substantive benefit under the scheme cannot be denied for technical reasons.

Addition unsustainable as identity and creditworthiness of investor company duly proved

May 4, 2023 690 Views 0 comment Print

ITAT Raipur held that addition as an unexplained cash credit u/s 68 of the Income Tax Act unsustainable in as much as the assessee company has duly discharged the onus of proving the identity and creditworthiness of the investor company.

Educational institution making huge surplus not eligible for section 10(23C)(vi) exemption: SC

May 4, 2023 15438 Views 0 comment Print

SC in UOI v. Baba Banda Singh Bahadur Education Trust held that educational institution making huge surplus is not eligible for section 10(23C)(vi) exemption

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1242 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

May 4, 2023 2094 Views 0 comment Print

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]

Whether interest on Cenvat credit wrongly availed but not utilized is payable?

May 4, 2023 642 Views 0 comment Print

Deep Industries Limited Vs C.S.T. Service Tax (CESTAT Ahmedabad) The limited question needs to be answered in this matter is whether interest on the amount of Cenvat credit availed but not utilized is recoverable or otherwise. The recovery of interest on the inadmissible Cenvat credit has been directed under Rule14 of the Cenvat Credit Rules, […]

CESTAT upheld dismissal of time barred appeal against sanction of SAD Refund

May 4, 2023 1227 Views 0 comment Print

Commissioner (Appeals) has discussed the reasons for dismissing the appeal filed by the Department as time barred. The Department had not produced any evidence to show the date on which the Reviewing Authority received the Order-in-Original.

Service Tax Liability of Sub-Contractor not cease on tax payment by main contractor

May 4, 2023 993 Views 0 comment Print

CESTAT held that Service Tax liability of a sub-contractor would never cease, even when the main contractor remits Service Tax.

Brought forward unabsorbed depreciation can be set-off against income from other sources allowed

May 4, 2023 3564 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to claim of unabsorbed brought-forward depreciation to be set off against income from other sources as available during the year.

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