Judgements and Orders, Supreme Court and High courts of India

Penalty demand and proposal of confiscation cannot be separated from Customs duty demand

Bimal Jain 03 December 2021 at 15:56

The Hon'ble Customs, Excise & Services Tax Appellate Tribunal, Bangalore ("CESTAT") in the matter of M/s. Dhiren Enterprise v. Commissioner of Customs (Adjudication), Mumbai [Final Order No. A/87107/2021 dated November 09, 2021], ruled that the propo

Posted in Excise | 251 Views

Where two reasonable constructions of a taxing provision are possible then the construction which favours the assessee must be adopted

Bimal Jain 03 December 2021 at 15:56

The Hon'ble Customs, Excise & Services Tax Appellate Tribunal, Bangalore ("CESTAT") in the matter of John's Cashew Company v. Commissioner of Customs, Cochin [Final Order 20792 /2021 dated October 18, 2021], allowed the refund of 4% of Special Additi

Posted in Excise | 189 Views

Karnataka AAR ruled that 5% GST applicable on packed and branded Pushti

Bimal Jain 02 December 2021 at 11:55

The Hon'ble Karnataka Authority for Advance Ruling ("the Karnataka AAR") in the matter of M/s. Devanahalli and Hosakote Taluks MSPC [Advance Ruling No. KAR ADRG 56/2021 dated October 29, 2021], ruled that Pushti is classified under HSN code 1106. If

Posted in GST | 239 Views

Hon'ble High Court directed GST Authority to refund GST paid under wrong head

Bimal Jain 02 December 2021 at 11:55

The Hon'ble Punjab and Haryana High Court ("Punjab and Haryana HC") in the matter of SBI Cards & Payment Services Limited v. Union of India and others [CWP-8108-2021 (O&M) dated October 08, 2021], directed the Authority to refund GST worth Rs. 108 cr

Posted in GST | 267 Views

Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021

Bimal Jain 01 December 2021 at 11:24

In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka ("KAAR") held that Notification 39/2017 Central Tax (Rate) dated October 18, 2017 ("Concessional Rate Notification") read with G.O.M's No. 140

Posted in GST | 288 Views

ITAT directed AO to delete the additions made on account of capitalization of royalty expenses as they were revenue in nature

Bimal Jain 01 December 2021 at 11:24

The Hon'ble Income Tax Appellate Tribunal, Delhi ("ITAT") in the matter of Honda Motorcycle and Scooter India Pvt. Ltd. v. ACIT, Circle: 4 (1) New Delhi [ITA. No. 477/Del/2021 dated November 09, 2021], directed the Assessing Officer ("AO") to delete

Posted in Income Tax | 158 Views

Is the fees of independent auditors appointed for reporting to CoC charged as CIRP cost?

Poojitha Raam Vinay 01 December 2021 at 10:34

This Order disposes of the Show Cause Notice (SCN) No. IBBI/IP/INSP/2020/45 dated 01.04.2021 issued to Mr. Pawan Kumar Garg, R/o – 25-A, J-Pocket, Sheikh Sarai-II, New Delhi-110017 who is a Professional Member of Indian Institute of Insolvency Profes

Posted in Audit | 353 Views