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GST - Vires of Rule 89 (5) of the CGST Rules challenged - Notice issued to respondent: HC CX - Once apex Court has dismissed Revenue appeal challenging Tribunal order classifying Shrink Sleeves under Ch.39, contention of department that CENVAT is not admissible as the Shrink Sleeves attract Nil rate of duty under Ch.49 would no longer survive: HC CX - SCN proposed recovery of credit under one provision of CEA whereas Asstt. Commr. confirmed demand under different provisions of law, which is not permitted: CESTAT CX - Commissioner has, without justification, recorded a finding for period which was not the period involved in the SCN - AA cannot go beyond the SCN: CESTAT CX - Goods meant for export destroyed en route - goods having been destroyed before removal, no duty can be demanded and remission is permissible: CESTAT CX - Sugar Syrup - It is the burden of department to establish marketability as well as excisability of a product while demanding duty: CESTAT SC grants relief to Chidambaram in ED case till Monday but no succour in CBI case FATF Asia-Pacific Group puts Pakistan in 'enhanced blacklist'Cash recovered from residential premises of individual's parent's in law, cannot be added to individual's income in absence of any reasonable nexus: HC Re-assessment proceedings are unsustainable where based on same set of facts already available during original assessment, hence leading to change of opinion of AO: ITAT Additions made while determining book profit u/s 115JB are unwarranted if no deduction is claimed on provision for bad & doubtful advances: ITAT Assessee must be given chance to cross examine deponents whose statements are relied upon by AO; failure to do so invalidates any consequent additions or disallowances: ITAT Deduction u/s 54 can be claimed even where adjacent units or flats are combined into one residential house: ITAT Additions on account of bogus purchases are to be restricted to the profit element embedded & undue benefit obtained from evading VAT payment: ITAT Sabka Vishwas Scheme to end on Dec 31, 2019 GST - Petitioner encountered technical glitch in payment of GST for seven months - it would be appropriate to leave it to the technical body concerned to decide whether there was a technical glitch at all: HC VAT - It is one thing to say that Petitioner had violated provisions of Central Excise Act, but another to immediately infer that it also violated provisions of DVAT Act: HC CX - In case of reversal of proportionate credit attributable to exempted goods/services, further demand in terms of Rule 6(3) of CCR, 2004 is unsustainable: CESTAT Cus - Appellant has not suppressed any fact from Department to the extent that license which was submitted for clearance of imported consignment is issued by DGFT, although the same is claimed to have been obtained fraudulently by seller of licence M/s Nilesh International: CESTAT Additions u/s 14A are sustained where shares are held as stock in trade & such investments do not fall within ambit of Rule 8D(iii): ITAT Purchases cannot be treated as genuine where although backed by bills & proof of payment, dealers admit to have provided accommodation entries in statements before sales tax authority: ITAT Additions u/s 68 on account of bogus Short Term Capital Loss are unsustainable where based on statements which are uncorroborated by supporting evidence: ITAT August 23 2019 Unexplained expenses cannot be disallowed where PAN & address of recipient parties is submitted to AO, who in turn failed to verify same by issuing notice u/s 133(6): ITAT Penalty notice is defective & vitiated proceedings where it does not specify charges based on which penalty is being levied: ITAT ACC appoints Ajay Kumar Bhalla as New Home Secretary Benefit u/s 80IA available to start-ups having turnover of above Rs 25 Cr Continuing protectionist policies would cause global recession: Goyal Govt relaxes lease rent charges on wind power projects CBIC also raises monetary limits for indirect tax cases

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TIOL Tube

Legal Wrangle | Customs | Episode 110

August 23, 2019| New Delhi

Sabka Vishwas Scheme to end on Dec 31, 2019

August 23, 2019| New Delhi

EPF Board approves Amendment proposal to benefit 6.3 lakh pensioners

August 22, 2019| New Delhi

Continuing protectionist policies would cause global recession: Goyal

August 22, 2019| New Delhi

Benefit u/s 80IA available to start-ups having turnover upto Rs 25 Cr

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August 23, 2019 | TP

TP - DRP should not merely upheld TPO’s order mechanically without addressing issues raised before it by way of reasoned order: ITAT

August 23, 2019 | TP

TP - Communication of copy of DRP's directions to AO, cannot be construed as 'direction' within scope of Sub-Section (5) of Section 144C: HC

August 22, 2019 | NI Act, 1981

NI Act, 1881 - Evidence produced for discharge of Statutory Presumption u/s 139 in favour of Complainant cannot be cast aside simply because complaint u/s 138 contains no allegation : SC

August 22, 2019 | Companies Act, 2013

Companies Act, 2013 - Revenue cannot seek restoration of name or assume role of creditor after Company's name is duly struck off from Register of Companies just because it has raised a subsequent tax demand : NCLAT

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