"25 February 2020" Archive - Page 3

Taxability of Voucher under GST (Includes E Voucher)

Background With the increasing trend of electronic commerce, adoption of prepaid vouchers and gift cards has reached new heights. Vouchers are instruments which are redeemable on its face value against supply of goods or services. For example, multi-brand retailers supply gift cards and certificates to customers which can be redeemed agai...

CESTAT: Milk crumb was marketable and liable for excise duty

Commissioner of Central Excise Vs Cadbury India Ltd. (CESTAT Mumbai)

Milk crumb was marketable and hence assessee-cadbury was liable to pay excise duty for clearing goods without payment of duty as revenue neutrality could never be ground for not demanding the duty on the excisable goods in the form and manner they were being cleared by assessee. ...

Shares held as stock-in-trade needs to be considered for Section 14A disallowance

Gajanan Enterprises Vs ACIT (ITAT Mumbai)

Where shares are held by an assessee as stock-in-trade, the earning of exempt dividend income on the same would trigger the applicability of Sec. 14A of the Act. Aoordingly shares which were held by the assessee as stock-in-trade were to be considered for the purpose of computing the disallowance under Sec. 14A of the Act....

Proceeding against issue of Fake Invoice to illegally avail ITC not hit by Limitation under Section 6(2)(1)(b) of CGST Act 2017

Dadhichi Iron And Steel Pvt. Ltd. Vs Chhattisgarh GST (Chhattisgarh High Court)

This Court does not find any substance in the arguments of the petitioner, when they say that the investigation and the proceedings now initiated is one, which hit by Section 6(2)(1)(b) of the CGST Act of 2017. What has also to be appreciated is the fact that there is a clear distinction between a proceeding drawn for the demand of tax ev...

Mere disallowance due to difference of opinion cannot lead to penalty

DCIT Vs  Duron Technologies (India) Pvt. Ltd. (ITAT Mumbai)

Where assessee was under a bona fide belief about allowability of certain provisions and there was no suppression of facts or deliberate concealment on assessee’s part, mere disallowance by AO due to difference of opinion could not lead to levy of penalty under section 271(1)(c)....

Reassessment-Section 143(2) notice issued without confronting assessee with remand report is invalid

Castleton Capital Ltd Vs ACIT (ITAT Delhi)

It was an admitted fact that assessee filed reply in response to notice under section 148 on 26-11-2013 and AO on the very same day served notice under section 143(2) upon assessee, whose signatures tally on the said notice without confronting the assessee with the remand report and the evidence produced by the AO before the Ld. CIT(A). T...

HC grants Bail to Practicing Advocate allegedly involved in Fake GST Invoice Scam

Rajesh and another Vs State of Haryana (Punjab and Haryana HC)

It appears that petitioner Satnarain had rendered his professional services and assistance for the purpose of incorporation of the firms. At this stage, it cannot be said that he had joined hands with Rajesh Mittal or was beneficiary of any amount other than his professinal fee....

No Service Tax on Rent from bullock Carts with Tyres & without bullocks or driver used in Sugarcane Transportation

Bhaurao Chavan SSK Ltd Vs C.C.E. & S.T (CESTAT Mumbai)

The issue involved is whether the appellants are liable to pay Service Tax on the rent received by them for allowing the harvesting contractors to use the Appellant’s bullock carts with tyres without any bullocks or driver for transporting the sugarcane to the sugar factories?...

SPICE+- FAQs with Analysis of Part A and B

SPICE+ : INCORPORATION OF THE COMPANY:- SPICE+ is divided into two Parts: 1. SPICe+ Part A represents the section wherein all details with respect to name reservation for a new company has to be entered. 2. SPICe+ Part B represents the section wherein all remaining details required for incorporation of a company has to be […]...

Is AIR based Notice under section 147 void ?

A provision of Section 285BA has been inserted by the Finance Act, 2003 w.e.f. 01.04.2004, which was later on substituted by the Finance (No.2) Act, 2004 w.e.f. 01.04.2005....

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