"06 March 2018" Archive - Page 2

GST Refund Application on Account of Assessment/Provisional assessment/ Appeal/ any other order

Q.1 Who can file the Refund Application on account of assessment / provisional assessment / appeal/ any other order? Ans: Any person, including regular taxpayer, casual taxpayer, non-resident taxpayer or unregistered person, in whose favour an Assessment Order/Provisional Assessment Order/Appeal Order or any other Order entailing refund h...

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Service Tax not payable on consideration received due to termination of arrangement

M/s. Ford India Pvt. Ltd. Vs. Commissioner, LTU (CESTAT Chennai)

M/s. Ford India Pvt. Ltd. Vs. Commissioner (CESTAT Chennai)  Regarding the tax liability on the consideration received due to termination of the arrangement, we note that no identifiable service can be attributed for such consideration. It is rather a termination of arrangement which itself the original authority held as a service. We no...

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“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court)

In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

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TDS U/s. 194C applies on amount paid under Oral Agreement

Sales Emporium (ULG) Vs. Income Tax Officer (ITAT Kolkata)

The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement....

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Dept. cannot recover tax arrears of deceased Assessee from Personal Properties of Spouse

Meena Krishna Agarwal Vs Assistant Commissioner (Gujarat High Court)

Two-judge bench of the Gujarat High Court comprising Justice Akil Kureshi and Justice A.Y. Kogje in the case of Meena Krishna Agarwal Versus Assistant Commissioner decided that Tax Arrears of a deceased assessee cannot be recovered out of the personal properties of wife. ...

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Every wrong claim by assessee cannot tantamount to furnishing of wrong particulars

M/s Agrahari Builders Pvt. Ltd. Vs. Dy. C.I.T. (ITAT Lucknow)

The ITAT bench comprising of Accountant Member T. S. Kapoor and Judicial Member Partha Sarathi Chaudhury, held that penalty under Section 271(1)(c) of the Income Tax Act, 1961 would not attract when assessee makes an Ineligible Claim....

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Air Travel Agency & Outdoor Catering Service are Input Services

M/s. Nvidia Graphics Pvt. Ltd. Vs. The Commissioner of Service Tax (CESTAT Bangalore)

The CESTAT, Bangalore bench, while allowing Cenvat Credit to M/s. Nvidia Graphics Pvt. Ltd, recently held that Outdoor Catering and Air Travel Agency service are Input Services. ...

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Tips paid by bank to casual workers on festive occasion is allowable expense

West Bengal State Co-operative Bank Ltd. Vs. DCIT (ITAT Kolkata)

In West Bengal State Co-operative Bank Ltd. v. DCIT, the Kolkata bench of Income Tax Appellate Tribunal in its recent order has held that the payment made by banks to casual workers on festive occasion can be allowed as deduction under section 37 of the Income Tax Act. ...

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Vacancy for CA for the post of DGM Accounts & Finance

Job Vacancy in a Real Estate Company at Mumbai Location for Chartered Accountants having 8 to 12 Years of Experience for the post of DGM- Accounts and Finance....

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Service Tax on Composite Work of Engineering Design and Construction

Commissioner of Customs & Central Excise Vs M/s. Hindustan Construction Company Ltd. (Madras High Court)

Instant Civil Miscellaneous Appeal is filed against the order dated 30.04.2008, passed by the Customs, Excise, and Service Tax Appellate Tribunal, South Zonal Bench, Chennai in Final Order No.434/2008....

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