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2020-TIOL-NEWS-068 | Saturday March 21, 2020
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DIRECT TAX
2020-TIOL-619-HC-MAD-IT

CIT Vs A Jagadeeswari

On appeal, the High Court finds there to be no merits in the Revenue's appeal, considering that the issues at hand stood settled in favor of the assessee, in findings recorded by this very court.

- Revenue's appeal dismissed: MADRAS HIGH COURT

2020-TIOL-618-HC-MAD-IT

Saroja Vs ITO

In writ, the High Court set aside the subject order, by considering the decision in the case of Mrs. Kannammal V. Income Tax Officer . It further directs the assessee to appear for personal hearing before the assessing authority, at the appointed time and date.

- Assessee's writ petition allowed: MADRAS HIGH COURT

020-TIOL-374-ITAT-DEL

RL Traders Vs ITO

Whether GP rate adopted by AO merits being restricted to 4%, in absence of non-production of manufacturing account & non-furnishing of details to arrive at the actual value of items consumed & value of closing stock - YES: ITAT

- Assessee's appeal partly allowed: DELHI ITAT

2020-TIOL-373-ITAT-MAD

Parasmal Sharma Santosh Vs DCIT

Whether additions framed in the assessee's hands on account of unexplained cash credits, are to be sustained, where the assessee accepts an amount as advance without knowing that such advance was made by using undisclosed income - NO: ITAT

- Assessee's appeal allowed: CHENNAI ITAT

2020-TIOL-372-ITAT-MUM

Dynaneshwar N Talpade Vs ITO

Whether onus of proving that the assessee earned some amount of agricultural income, rests with the assessee, and the same is to be discharged through proper documentary evidence - YES: ITAT

- Asseesee's appeal partly allowed: MUMBAI ITAT

 
MISC CASE
2020-TIOL-628-HC-JHARKHAND-VAT

Trade Friends Vs State of Jharkhand

Whether inter-State transportation without any valid road permit, attracts penalty - YES: HC

- Assessee's writ dismissed: JHARKHAND HIGH COURT

 
INDIRECT TAX
SERVICE TAX

2020-TIOL-490-CESTAT-MAD

Premier Garment Processing Vs Commissioner of GST & CE

ST - The assessee was issued SCN alleging non-payment of service tax under BAS for the relevant period - On adjudication, the duty demand was confirmed with interest and penalty - The appeal before the Commr.(A) was dismissed on grounds of being time barred - Hence the present appeal.

Held: While the Commr.(A) dismissed the appeal on grounds of it being time barred, there is nothing on record to show that the assessee was served a copy of the O-i-O - Though the bench directed the Department to produce documents to prove that the O-i-O was served to the assessee, the Department did not do so - Hence the assessee deserves a chance to contest the case on merits, for which the matter warrants being remanded to the Commr.(A): CESTAT

- Case remanded: CHENNAI CESTAT

 

 

 

 

CENTRAL EXCISE

2020-TIOL-489-CESTAT-HYD

Krupa Trading Company Vs CCE & ST

CX - Cenvat Credit amounting to Rs. 1,96,89,042/- was disallowed with imposition of interest and equal amount of penalty on the ground that the invoices in respect of input services on which credit was availed are bearing hand written numbers and in some of the invoices either Registration Number was not mentioned or the registration number was over written - appeal to CESTAT.

Held: It is prima facie clear that there is no dispute as regard genuineness of the invoices and payment of service tax against said invoices - Bench is of the view that merely for the said discrepancies cenvat credit cannot be denied as held in catena of judgments so long it is not under dispute that the service tax was paid by the service provider - impugned order set aside and appeal allowed by way of remand to the adjudicating authority to pass a fresh order only on the aspect that on the disputed invoices, the service providers have paid the service tax: CESTAT [para 5.2, 6, 7]

- Matter remanded: HYDERABAD CESTAT

 

 

 

 

CUSTOMS

2020-TIOL-488-CESTAT-ALL

CC Vs Harish Traders

Cus - Dispute relates to assessable value of the imported goods - Revenue in appeal.

Held: It was incumbent upon the assessing officer/adjudicating authority to give reasons as to why the transaction value declared in the Bill of Entry was being rejected; to establish that the price was not the sole consideration and to give the reasons supported by material on the basis of which he arrived at a new assessable value - Adjudicating authority has not undertaken any such exercise before rejecting the transaction value - There is nothing to infer that the transaction value as declared in the bill of entry filed by the appellant was lower than the price actually paid or payable for the goods in question, and if it was so then by what extent and on what basis - Appellate Authority has relied upon the Supreme Court's decision in the case of M/s Sanjivini Non-Ferrous Trading Pvt. Ltd. - 2018-TIOL-447-SC-CUS and the revenue in their memo of appeal have not given any valid reason to deviate from the said decision - no justifiable reason to interfere with the impugned order of Commissioner(A) - Accordingly, revenue's appeal is rejected and stay application is disposed of: CESTAT [para 2]

- Appeal rejected: ALLAHABAD CESTAT

 

 

 

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NOTIFICATION
it20not19

CBDT issues notification allowing exemption u/s 10 to Mysore Palace Board for certain AYs

23/2020-Cus (NT/CAA/DRI)

Appointment of CAA by DGRI

22/2020-Cus (NT/CAA/DRI)

Appointment of CAA by DGRI

 
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