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Archive: 01 September 2021

Posts in 01 September 2021

Non-Adherence of SCN under Section 144B invalidates Faceless Assessment

September 1, 2021 1767 Views 0 comment Print

The order rejected the submissions of the petitioner stating that burden to reconcile the data with the service tax returns was on the petitioner and holding that request for further time to be given for reconciliation is not justifiable.

Reopening of assessment valid after Inquiry suggests the Assessee is beneficiary of Accommodation Entry

September 1, 2021 648 Views 0 comment Print

Gujarat High Court observed that it cannot be said that there is no reason to believe that the income chargeable to tax has escaped assessment. The exercise of reopening has only been made after due inquiries and recording of statements of concerned persons and notice has only been issued after finding prima facie material.

Delhi HC: IT Software should have been tested before it is launched

September 1, 2021 1317 Views 1 comment Print

Delhi HC: IT Software should have been tested prior in time on a sufficiently large sample base of assessees before it is launched for public at large In Krishan Agarwal Vs. PCIT  [W.P.(C) 3459/2021 & C.M.No.10489/2021, W.P.(C) 8371/2021& C.M.No.25917/2021, W.P.(C) 5513/2021, W.P.(C) 5583/2021 & CM APPL. 17357/2021 dated August 27, 2021],  the Hon’ble Delhi High […]

Tripura HC directed revenue to release vehicle detained due to expiry of E-way bill due to unforeseen circumstances

September 1, 2021 1491 Views 0 comment Print

Tripura High Court directed the Respondents to release the transport vehicle and machinery upon the Petitioner filing an undertaking that, if any tax or penalty liability is crystallized upon final assessment, the Petitioner shall deposit the same with the Government revenue.

SC dismissed SLP citing an alternative remedy of Appeal against Assessment Order

September 1, 2021 3894 Views 0 comment Print

Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) as alternative remedy of appeal against the Assessment order is available with the Petitioner.

Appeal can’t be dismissed for want of certified copy of order appealed against

September 1, 2021 5808 Views 0 comment Print

High Court of Orissa held that, mere delay in enclosing a certified copy of order appealed against along with the appeal should not be considered for rejecting the Appeal.

GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;)

September 1, 2021 2871 Views 0 comment Print

GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;) The Authority for Advance Ruling (AAR), Gujarat vide Ruling no. GUJ/GAAR/R/39/2021 dated July 30, 2021 held that, no GST is leviable on amount representing the employees portion of canteen charges, which is collected […]

Restriction to avail ‘ITC’ if no GSTR-1 is filed by supplier

September 1, 2021 47922 Views 0 comment Print

Restriction to avail ‘ITC’ under Section 16(2)(aa) & Rule 36(4), if no GSTR-1 is filed by supplier Input Tax Credit (ITC) forms the backbone of GST. It is imperative to streamline seamless flow of credit and any impending issues under ITC must be resolved at the earliest for making GST a Good and Simple Tax. […]

Head mounted tablets classifiable under CTH 85176290

September 1, 2021 2295 Views 0 comment Print

In re Ingram Micro India Pvt Ltd. (CAAR Mumbai) The Board Circular No. 20/2013-Cus. refers to ‘Tablet Computers’ that can be programmed in a variety of ways. HMT device doesn’t appear to be amenable to be programmed in various ways. It also held that the tablet computers are those devices which have essentially the same […]

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