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Jeff Bezos again topples Musk as world’s richest personIndia reiterates two-state solution on Gaza dispute39 killed in heavy rains and snowfall in AfghanistanChina sets 5% economic growth target for 2024CBDT promoting Voluntary Compliance through e-Verification Scheme-2021Houthi Minister says commercial ships entering Yemini waters need to take permitsST - Issuance of a consignment note is essential condition for classifying an activity under GTA Service; tax demand raised thereunder is not tenable where no consignment note is issued: CESTATMoD inks MoU with BEML, BEL & MIDHANI for indigenous development of Advanced Fuelling SystemCus - A final order does not get invalidated simply because in a related matter which was cause of initiation of action in the present proceedings, has now been remanded: CESTATMinister of Steel inaugurates India's 1st Green Hydrogen Plant in Stainless Steel SectorCus - Exemption under Notification No. 12/2012-CE is rightly denied in respect of goods which are imported & also not consumed in factory of production: CESTATRAV's Lifetime Achievement Awards Given to three Stalwarts of AyurvedaDelhi Govt Budget proposes Rs 1000 per month for womenCX - Reversal of Cenvat Credit is not warranted in terms of CCR, 2004, when by-product Bagasse is cleared from factory without payment of duty: CESTATKharge alleges BJP Govt banning exports of agri products to favour industrialists5 killed as car bangs into roadside tree in TelanganaPM to leave on 5-state tour today; to announce projects worth Rs 1.1 lakh CroreFM to inaugurate National Conference of Enforcement Chiefs of State and Central GST formationsST - In case of slump sale, there is no question of providing any service as per s.65(92) as well as s.65(55b) of the Finance Act, 1994: HC

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NCLT imposes 'cost' on GST


NCLT CREATURE OF STATUTE

The Hon'ble SC in the case ofo Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs [C.A.No. 7667/2021 dt. 26-08-2022] held - Once moratorium is imposed in terms of Sections 14 or 33(5) of the IBC as the case may be, the respondent authority only has a limited jurisdiction to assess/determine the quantum of customs duty and other levies. The respondent authority does not have the power to initiate recovery of dues by means of sale/confiscation, as provided under the Customs Act.
Taking note of this judgement, the authorities would have resorted to investigation to issue a demand and later adjudicate.
It is settled law that Tribunals are creature of the statute. They can act only to the extent of powers conferred under the statute and cannot act as Courts of Equity unlike HC [Art. 226] or Sc [Art. 32]
But then who would not like to exercise power.

CESTAT Hyderabad 14/08/2023

 

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