News Update

Cus - At no point of time Codes No. 29214920 and 29215940 have been excluded from schedule to MEIS Scheme - Reasons assigned for denial of benefit are contrary to Notification No. 38/2015-2020 r/w P.N no. 12/2015-2020: HCST - CENVAT - Not producing the documents, which may be necessary for substantiating a claim, does not fall in the exception of 'suppression of facts': HCCX - Even if an application is not moved, the department would be obliged to refund the amount to person concerned from whom the excess amount has been received unlawfully after the provision has been declared ultra vires: HCVAT - Merely because payment is deferred by State in terms of works contract, same is no ground for a dealer to seek exemption from taxes under MP Commercial Tax Act and MP Entry Tax Act: HCVehicle One-time Tax - Notification requires tax to be paid on or after 14.10.2022 for becoming entitled for exemption - Merely because tax was paid on 13.10.2022 and registration was done on 18.10.2022 does not guarantee benefit: HCRule 96(10) of CGST Rules, 2017 - A Historical PerspectiveI-T- Delay in filing ITR be condoned where during relevant period, the assessee, a doctor, was engaged in work on account of on-going COVID 19 pandemic & where the assessee suffered personal losses in such period: HCFTA awareness key to reach USD 2 Trillion trade goal: GoyalI-T- As is trite law, once resolution plan is approved, any claims that were not lodged before resolution professional during insolvency proceedings are extinguished: HCCoast Guard delegation meets Sri Lankan counterpart; combating maritime crime tops agendaI-T - Tax authorities are not entitled to tax entire transaction, but only income component of disputed transaction, to prevent possibility of revenue leakage: HCNew fire-resilient Dicliptera flower species discovered in Western GhatsI-T - No demand can be raised against deductee on account of failure to deposit amount of Tax Deducted at Source by deductor: HCMassive fire accident at oil refinery in Gujarat claims one lifeI-T- Exemption from Excise duty does not fall in the definition of income as envisaged under Section 2(24)(xviii) of the Act: HCUS President-elect Donald Trump choses hawk Mike Waltz as NSAI-T- Income tax cannot be levied on hypothetical income & only real income can be taxed; no tax can be charged on an amount which is not actually earned: HCED raids locations in West Bengal & Jharkhand in money laundering matter also involving illegal immigration of people from BangladeshI-T- For purpose of Section 35(2AB), once a facility is recognized, all related expenditures should be eligible for deductions, regardless of prior approvals: ITATKerala State Government mulls incorporating seaplanes to attract high-budget touristsI-T- Re-assessment proceedings are invalidated where the reasons for re-assessment are not justified: ITAT10 armed ‘militants’ killed in encounter with police & paramilitary forces in Manipur’s Jiribam district; local villagers dispute charge, claim deceased were village defence volunteersService Matter - Charge memo issued to CIT(A)-rank officer for quashing Rs 120 Crore demand - That matter was remanded by ITAT for de novo consideration dilutes charge against petition - Department's delay in issuing memo reflects the same as being an afterthought - Memo rightly quashed by CAT: HCST - Goods Transport Service - denial of 75% abatement to assessee under Notification No. 32/2004-S.T. is based solely on assumption; hence the order denying abatement is quashed: CESTATCX - Demand for reversal of Cenvat credit is sustainable where it is claimed in respect of a defunct, non-functional factory, rather than in respect of an existing, functional plant: CESTATCus - Penalties u/s 112(a), 112(b) & 114AA of Customs Act 1962 for alleged mis-declaration of goods, are not tenable, where importer acts on information from the overseas supplier, which was beyond importer's control: CESTATCus - Department's reliance on Chartered Engineer's report is not tenable, where report lacks conclusive findings, omits to consider aspects such as manufacture date & itself suggests further testing: CESTATCus - As is trite law, expert reports cannot be assumed conclusive without explicit legal backing: CESTAT
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