I-T - Assessee unable to participate in personal hearing due to unavailability of Chartered Accountant due to illness; de novo hearing to be conducted: HC

I-T - Once order of assessment & penalty u/s 143(3) r/w/s 153A stands quashed, no prosecution can be made till fresh assessment: HC

I-T - Merely because loan processing are amortized over period of 5 years, deduction of entire charges in lump sum in year in which same are paid can not be denied to assessee : HC

I-T - Since search is concluded on April 29, 2021, it is implausible to assert that assessment order of March 31, 2023 notified u/s 153A exceeds 12 month limitation period : HC

I-T - Show Cause Notice issued 7 days before assessment would be time-barred - Assessee deprived of sufficient time to file reply to Show Cause Notice - Case remanded: HC

I-T - Repayment of loan does not constitutes expenditure - invoking provisions of Section 69C on account of unexplained expenditure unwarranted, where Assessee explains source of funds used to repay loan - Revisionary power invoked to apply provisions of Section 69C, also unwarranted: HC

I-T - Even part of income accounted for in current year can be claimed as bad debts : HC

I-T - Provisions of Section 270A(9) are inapplicable in a matter which involves neither misreporting of income nor under reporting of income : HC

CX - Notifications will be effective from date of its publication, contention of lower authority that notification will be effective from date of its issue is absolutely incorrect, refund on this ground cannot be denied: CESTAT

Cus - The subject goods 'Transfer Door Color Strip' and 'Transfer Rear Door Color Strip' which are classifiable under Chapter sub heading 39199090 are entitled for benefit of concessional rate of basic customs duty under Notfn 57/2017-Cus: CESTAT

2023-TIOL-982-CESTAT-KOL

Tata Steel Ltd Vs CCGST & CE

ST - The issue at hand pertains to service tax demand raised on account of liquidated damages received by the Assessee from its clients. Held - The issue at hand stands resolved by this Bench in the case of Brahmaputra Crackers and Polymer Ltd. wherein it was held that "...6. There is substance in the submission advanced by the learned counsel for the Appellant that no service tax is payable on the amount collected towards delay in delivery as this issue has been decided by the Tribunal in favour of the Appellant in South Eastern Coalfields. Various commercial contacts had been executed by South Eastern Coalfields and certain clause provided for levy of penalty for nonobservance / breach of the terms of the contract. A show cause notice was issued with an allegation that the amount charged by the Appellant during the period from July 2012 to March 2016 appeared to be taxable as a "declared services' under Section 66E(e) of the Finance Act..." - It was furthe held that "... 8. In view of the aforesaid decisions of the Tribunal, it is not possible to sustain the view taken by the Commissioner that since the delivery was not made within the time schedule, the Appellant agreed to tolerate the same for a consideration in the form of delay in delivery charges, which would be subjected to service tax under section 66E(e) of the Finance Act..." - Following such findings, the Order-in-Original passed in the present case merits being set aside: CESTAT

- Appeal allowed: KOLKATA CESTAT

2023-TIOL-981-CESTAT-ALL

Indian Oil Corporation Ltd Vs Commissioner (Appeals) CGST & CE

CX - The Govt. of India issued two Notfns viz. No. 22/2014 and 24/2014 modifying the rates of duty on Motor Spirit (MS) and High Speed Diesel (HSD) - The said Notfns were 'gazetted' on 12.11.2014 and 02.12.2014 - The appellant have filed refund claims claiming that Notifications would come into force on date of publication in Official Gazette in terms of Section 5A (5) of Central Excise Act, 1944 - However, in respect of two Notifications, publication in Gazette was delayed and in meantime, appellant paid enhanced duties from the date of issue of Notfn i.e. 12.11.2014 & 02.12.2014, though they have revised the prices of MS & HSD, giving effect to enhanced duty w.e.f. 13.11.2014 and 03.12.2014 - Accordingly, they have filed refund claims for excess duty paid for 12.11.2014 & 02.12.2014 at Mathura Refinery - Commissioner (A) has rejected claims of appellant - On an appeal filed by Revenue against Final order dated 14.06.2022, High Court of Calcutta vide Order dated 09-02-2023 held that the notification would come into effect only from the date of its publication and Tribunal rightly allowed the assessee's appeal - In view of said discussions, impugned orders cannot be sustained and all therefore set aside: CESTAT

- Appeal allowed: ALLAHABAD CESTAT

2023-TIOL-980-CESTAT-AHM

Ford India Pvt Ltd Vs CC

Cus - The issue arises is, whether subject goods namely 'Transfer Door Color Strip' and 'Transfer Rear Door Color Strip' which are classifiable under CTH 39199090 are entitled for concessional rate of basic customs duty in terms of Notfn 57/2017-Cus (as amended) - The subject goods were classified by appellant under tariff sub heading 3919 90 90 as mentioned above - As per tariff, said goods falling under tariff item under 39199090 attracted tariff rate of basic customs duty at the rate of 15% and IGST at the rate of 18% - There is no dispute with regard to classification of said goods under CTH 39199090 - Revenue has also accepted classification of said goods under said heading - The only dispute is that department is of the view that in Serial No.9 of said Notfn 57/2017-Cus as amended is available only for goods meant for use in manufacture of cellular mobile goods and other electronic goods and since the said consignment is meant for used in automobiles namely Cars, same is not available to them - Except the mentioned items which are also classifiable under CTH 39199090 all other goods will attract concessional rate of basic customs duty as provided in said notification - The denial of benefit of notification by lower authorities is without any logic and arbitrary in its application - The subject goods which are classifiable under Chapter sub heading 39199090 are entitled for benefit of concessional rate of basic customs duty under Notfn 57/2017-Cus and accordingly O-I-A as well as O-I-O are without any merit and therefore, same is set aside: CESTAT

- Appeals allowed: AHMEDABAD CESTAT