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Judiciary

CVD Refund – unjust enrichment-CA certificate sufficient to allow refund

April 27, 2023 3426 Views 0 comment Print

Commissioner of Customs (Exports) Vs LG Electronics India Pvt. Ltd. (CESTAT Chennai) As regards the issue of unjust enrichment, CESTAT find that the appeal has stated that the procedure to be adopted for refund of 4% additional duty of customs is given in Board Circular No. 6/2008- Customs (F. No. 401/104/2007-Cus.III) dated 28.4.2008 and Customs […]

Service tax collected but not deposited – Financial Crisis not a Reasonable Cause to invoke section 80 of Finance Act

April 27, 2023 711 Views 0 comment Print

Advancing reasons for non-payment of service tax even though collected, it has been submitted by the appellant that during the relevant period, they were under severe financial crisis. In my view, this cannot be a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government.

Cenvat Credit Rules 3(7)(a) applies if duty has been paid at concessional rate

April 27, 2023 480 Views 0 comment Print

Rule 3(7)(a) of Cenvat Credit Rules (CCR) applies only the duty has been paid at the concessional rate prescribed in Serial No. 2 of Notification No. 23/2003-CE dated 31/03/2003.

ITAT deletes addition for cash deposited during demonetization against earlier withdrawals

April 27, 2023 3708 Views 0 comment Print

Laxmi Narain Vs ITO (ITAT Delhi) In the present case there is no dispute regarding the fact the assessee deposited Rs. 10,49,000/- in cash on 18.11.2016 during demonetization period and the AO picked up said amount for making addition in the hands of assessee u/s. 69A of the Act. From the copies of the order […]

Section 194H TDS not deductible on Turnover Discount by Distributor to dealers

April 27, 2023 2277 Views 0 comment Print

ITO Vs Marda Associates (ITAT Kolkata) CIT (A) held that A.0. misunderstood that the benefit/ incentive/additional margin passed on by the appellant through credit notes was in the nature of commission. He further, misunderstood that discount/ additional margin could be given only on the invoice and not post invoice. It is submitted that the commission […]

GST: SC set aside HC order imposing condition of pre-deposit while granting bail

April 27, 2023 1689 Views 0 comment Print

SC set aside the order passed by the High Court imposing a condition of deposit while granting bail to the appellant therein.

Ex-parte order in absence of assessee – ITAT restores matter to CIT(A)

April 27, 2023 1209 Views 0 comment Print

Impugned order was passed by CIT(A) in absence of assessee. Assessee did not get an opportunity to represent his case before CIT(A)

Addition for Cash Deposit of Tuition Fee received during Demonetization – ITAT restores matter to CIT(A)

April 27, 2023 1731 Views 0 comment Print

Riya Sunil Jain Vs ITO (ITAT Mumbai) A.O has come to the conclusion that cash deposited in the bank account of the assessee has no connection with tuition income received by her. Therefore, the AO treated the cash deposited during the demonetization period appearing in the bank account as unexplained money u/s 69A of the […]

HC restores GST Registration as SCN lacks Sufficient Reason for Cancellation

April 27, 2023 945 Views 0 comment Print

SCN is deficient if it does not sufficiently disclose reasons why petitioner’s GST Registration was suspended or was proposed to be cancelled

Seizure of ATM Machine of licencee for non-payment of Tax by Property Owner is unjustified

April 27, 2023 711 Views 0 comment Print

Detaining ATM machines of Licensee by Municipal Corporation was totally high handed & We do not approve of such action- HC

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