Tax
No Need Of Any "Occasion" For Receipt Of Gift By The Assessee: ITAT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that there need not be any "occasion" for the assessee to receive a gift.The two-member bench of T.R. Senthil Kumar (judicial member) and Annapurna Gupta (accountant member) noted that the assessee received the gift from his own brother, who has been a non-resident since 1966. The allotment of shares was made under the...
CESTAT Allows Customs Duty Refund Claim Paid Through DEPB Scrip
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the customs duty refund claim paid through the Duty Entitlement Pass Book (DEPB) scrip.The bench of Ajay Sharma (Judicial Member) has observed that the department has failed to establish through any kind of document or case law that debit of any amount under the DEPB scheme is not a mode of payment...
Cancellation Of GST Registration On Health Issues; Madras High Court Revokes
The Madurai Bench of the Madras High Court has lifted the cancellation of the GST registration as the tax returns were not filed by the taxpayer due to health-related issues.The single bench of Justice Mohammed Shafiq, while considering the directions issued in the cases of Tvl. Suguna Cutpiece Vs Appellate Deputy Commissioner (ST) (GST) and others, has directed the department to revoke...
DGFT Extends Validity Of Pre-Shipment Inspection Agency Till December 31, 2022
The Directorate General of Foreign Trade (DGFT) has extended the validity of the Pre-Shipment Inspection Agency."The validity of recognition of the Pre-Shipment Inspection Agency (PSIAS) included in Appendix 2G of Appendices and Aayat Niryat Forms (A & ANF) of Foreign Trade Policy 2015-20, which are completing their original tenure of three years as of December 3, 2022, is extended up...
Revocation of GST Registration Can't Be Rejected Solely For Delay In Moving Revocation Application: Allahabad High Court
The Allahabad High Court has held that the rejection of registration solely on the ground of delay in moving the revocation application is not sustainable in law when the entire tax is deposited.The single bench of Justice Rohit Ranjan Agarwal has observed that once the department has accepted the return and there are no outstanding dues, the department should not obstruct the business of...
Export Proceeds Not Remitted Within Time; Duty Drawback To Be Recovered: Delhi High Court
The Delhi High Court has held that the exporter is otherwise not entitled to duty drawback and, if already paid, is liable to be reimbursed because the buyer did not send any export proceeds within the required time frame.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that since the amount that is lying credited to the petitioner's account,...
Tax Cases Monthly Round-Up: November, 2022
Indirect Taxes Supreme Court Industrial Townships Are "Local Areas" For Entry Tax Levy By States Though They Are Excluded From Municipalities : Supreme Court Case Title: OCL India Limited vs State of Orissa Citation: 2022 LiveLaw (SC) 911 The Supreme Court upheld States' power to impose entry tax from Industrial Township/Areas. The bench of CJI UU Lalit, Justices...
Freight Charges Are Not Includible In Assessable Value Of Liquid Carbon Dioxide: CESTAT
The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has ruled that freight charges are not deductible from the assessable value of liquid CO2, despite the fact that they were separately charged in the invoices and the gas was sold at the time of clearance from the appellant's factory.The two-member bench of Rachna Gupta (Judicial Member) and P. Venkata Subba...
Wrong VAT Rate Can Be Rectified: Kerala High Court
The Kerala High Court has held that the mistake of applying the wrong value-added tax (VAT) rate can be rectified.The single bench of Justice Gopinath P. has observed that, as per Section 66 of the KVAT Act, once it is brought to the notice of the officer that there is a mistake in applying the correct rate of tax, it is within the power conferred on the officer to rectify the...
Credit Accumulated Due To Clearance Of Excisable Goods, Bar Of Unjust Enrichment Is Not Attracted: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that the credit has been accumulated due to the clearance of excisable goods during the Excise Law Regime for export and that the bar of unjust enrichment is not attracted.The bench of Anil Choudhary (a Judicial Member) found that the appellant had not begun production or manufacturing activities,...
GST ITC Is Not Admissible On Amount Paid To Canteen Service Providers, Amount Recovered From The Employees: Uttarakhand AAR
The Uttarakhand Authority of Advance Ruling (AAR) has ruled that the Input Tax Credit (ITC) is not admissible on the amount paid to the canteen service providers and on the amount recovered from the employees.The two-member bench of Rameshwar Meena and Anurag Mishra has observed that the nominal amount of recoveries made by the applicant from the employees who are provided food in the...
Onus To Prove The Goods Were Smuggled Lies On The Department: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the department bears the burden of proving that the goods are smuggled.The bench of Anil Choudhary (a judicial member) has observed that the show cause notice is vague as the valuation of the goods has been done by the Revenue without any relied-upon documents, i.e., copy of any retrieved...