Onus To Prove Charge Of Clandestine Clearance Of Goods Lies On The Department: CESTAT

The Kolkata bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the onus to prove a charge of clandestine clearance of goods lies with the department.The two-member bench, P.K. Choudhary (Judicial Member) and Raju (Technical Member), have held that the charge of clandestine clearance of goods is a serious charge and cannot be made on presumptions and assumptions. The assessee is engaged in the manufacture of sponge iron falling under Central Excise...

NIC Issues Changes In Functionalities With Respect To E-Waybill For Gold

The National Informatics Centre (NIC) has issued changes in the functionalities with respect to e-Way Bill generation for the movement of gold.As per the government recommendation, E-Way Bill generation has been provisioned for the movement of gold (HSN Chapter 71) for all intrastate and interstate transactions. The taxpayers of the state may generate the E-Waybill for Gold as per the notification issued by their respective states. The e-Waybill for Gold is available as a separate...

ITR Prior To Death Of Assessee Is The Basis For Computation Of Loss Of Future Income Including Future Prospects: Gujarat High Court

The Gujarat High Court has held that an income tax return (ITR) filed prior to the death of the assessee is the basis for computation of loss of future income, including future prospects. The single bench of Justice Gita Gopi has observed that both the parents are dependents of the deceased son and are entitled to apply for compensation. Both the parents are entitled to the compensation amount under the head of dependency loss. The appellant has challenged the judgement and award...

Betel Nuts Are Subject To Decay, Not Required For Investigation: Gauhati High Court Directs To Release

The Gauhati High Court has directed the release of seized betel nuts as the betel nuts are subject to speedy natural decay and their retention was not required for the purpose of investigation.The single bench of Justice Robin Phukan has observed that from the date of seizure till date, more than 128 days have already elapsed. There was no allegation of theft in respect of the seized betel nuts. The petitioner has also produced a certificate issued by Gaon Burah and the Chairman of Zutovi...

Tamil Nadu GST Dept. Prescribes Manner Of Re-credit Of Amount In Electronic Credit Ledger

The Tamil Nadu GST Department has notified the procedure for re-crediting the amount in the electronic credit ledger using FORM GST PMT-03A.If the refund has been sanctioned erroneously, recredit of that amount can be done via Form GST PMT-03A in the electronic credit ledger, along with the interest and penalty paid by the taxpayer. The taxpayer faced difficulties in taking credit of the amount in the electronic credit ledger in cases where any excess or erroneous refund...

Invalid Reassessment Notice, The Entire Proceedings have To Collapse: Calcutta High Court

The Calcutta High Court has held that the foundation of a reassessment proceeding is a valid notice, and if the notice is held to be invalid, the entire edifice sought to be raised has to collapse.The division bench of T.S. Sivagnanam and Justice Hiranmay Bhattacharyya have observed that the assessing officer is bound to furnish reasons within a reasonable time, the noticee is entitled to file their objection to the notice, and the assessing officer is bound to dispose of it by passing a...

Housing Credit To Poor Through Borrowings From Financial Institutions; Not A Charitable Activity: ITAT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that grant of housing credit by the assessee trust to the lower strata of society, financed solely through the funds borrowed from financial institutions, is not a charitable activity and thus the assessee cannot be registered as a Charitable Trust under Section 12AA of the Income Tax Act, 1961. The Bench of Sonjoy Sarma (Judicial Member) and Manoj Kumar Aggarwal (Accountant Member) held that the activity undertaken...

Seller Of Agricultural Land Insisting Cash Payment; No Disallowance Can Be Made Under Section 40A (3) Of IT Act: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that no disallowances can be made under Section 40A (3) of the Income Tax Act, 1961 for payments made otherwise than by way of account payee cheques or bank drafts for purchase of agricultural land, where the seller of the agricultural land has insisted on payment in cash. The Bench of Saktijit Dey (Judicial Member) and Pradip Kumar Kedia (Accountant Member) observed that considerations of business expediency and ...

DGFT Extends Last Date For Uploading e-BRC Where ROSCTL Scrips Have Been Issued For Shipping Bills

The Director General of Foreign Trade (DGFT) has extended the deadline for uploading all such Electronic Bank Realisation Certificates (e-BRCs) for shipping bills where Rebate of State and Central Taxes and Levies (ROSCTL) scrips have been issued until September 30, 2022. As per the Trade Notice dated May 30, 2022, the exporting community was requested to get the relevant e-BRCs uploaded onto the DGFT server by July 15, 2022. The last date for uploading of all such e-BRCs, where ROSCTL...

"Flavoured Milk" Is Categorised As "Beverage": AAAR

The Gujarat Appellate Authority of Advance Ruling (AAAR) has observed that the 'flavoured milk' is categorised as "beverage".The two-member bench of Vivek Ranjan and Milind Torawane has upheld the AAR's ruling and ruled that the 'Flavoured Milk' is classifiable under Tariff Item 2202 99 30 of the First Schedule of the Customs Tariff Act, 1975. The appellant is in the business of manufacturing goods like ice cream, ready-to-eat food and various milk products. Among other products, they...

Madras High Court Allows Concessional Customs Duty Benefit On Goods Used In Rotor Of Windmills For Notional Billing To Customer

The Madras High Court has allowed the concessional customs duty benefit on goods used in the rotor of windmills for notional billing to customers.The single bench of Justice M. Nirmal Kumar has observed that the imported rotor blades need no customization and mechanisation. Hence, raising an invoice in the name of the client after importing and transporting it to the customer's site is only a notional exercise. It cannot be said that the petitioner is not the importer and that he is the...

12% GST Payable On Works Contract Services Executed To Karnataka Housing Board For Construction Of Police Station: AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that 12% GST is payable on work contract services executed for the Karnataka Housing Board for the construction of a police station.The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has held that work contract services executed to the Karnataka Slum Development Board under the Pradhan Mantri Awas Yojana, as a main contractor, are liable to 12% GST till 17.07.2022 and liable to tax at 18% GST from 18.07.2022. The ...