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Archive: 10 October 2021

Posts in 10 October 2021

jurisdictional facts should be established by Dept to justify a search authorization

October 10, 2021 792 Views 0 comment Print

Shiva Cement Limited Vs Director of Income Tax (Inv.) (Orissa High Court) It is trite that under Section 132(1) of the Act, the jurisdictional facts should be established by the Department to justify a search authorization. But there cannot be any presumption that there is no such information available with the Department. The observations by […]

No Service Tax on Fixed Components of Job Charges forming part of transaction value

October 10, 2021 1551 Views 0 comment Print

Brindavan Bottlers Pvt. Ltd. Vs. Commissioner of Central Goods (CESTAT Allahabad) We find that the appellant have actually entered into an agreement for manufacture on job work basis. Evidently, as per the agreement the job charges have been spread over in two tier billing i.e. fixed charges and variable charges. The reason being that in […]

Profits on sale of land held as Investment for 6 years assessable as Capital Gains

October 10, 2021 2403 Views 0 comment Print

JCIT (OSD) Vs Adrus Estate and Properties LLP (ITAT Pune) It is an undisputed fact that the land was recorded in the books of account as part of investment. It is settled position that the treatment given in the books of account gives an indication as to the intention of the assessee to hold asset […]

Wrongful availment of ITC under GST: High Court grants Bail

October 10, 2021 1701 Views 0 comment Print

Shailesh Chandra Vs DGGI Jaipur Zonal Unit (Rajasthan High Court) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. This Court perused the material available on record. The petitioner has been arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI-ZU- Jaipur […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2910 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

Section 263 not mandate service of order Within Two Years: SC

October 10, 2021 1596 Views 0 comment Print

CIT Vs Mohammed Meeran Shahul Hameed (Supreme Court)  On a fair reading of sub­section (2) of Section 263 it can be seen that as mandated by sub­section (2) of Section 263 no order under Section 263 of the Act shall be ‘made’ after the expiry of two years from the end of the financial year […]

Retrospective seniority cannot be claimed from a date when employee was not even borne in service

October 10, 2021 2802 Views 0 comment Print

In a case relating to compassionate appointment, the Supreme Court held that retrospective seniority cannot be claimed from a date when an employee is not even borne in service.

Emotional Attachment in CA course

October 10, 2021 3522 Views 0 comment Print

Well, this is my first article on this forum, I have lately developed a passion for writing and have received fabulous responses from a lot of people! Kudos to the taxguru.in team who reached out to me and have invited me to share my thoughts on this forum! It’s an honor to be able to […]

CBDT have no power to Enlarge the scope of MCI regulation

October 10, 2021 2286 Views 0 comment Print

Evolutis India Private Vs ACIT (ITAT Mumbai) Enlargement of the scope of MCI regulation to the pharmaceutical companies or other health sector industry by the CBDT is de hors any enabling provision either under the Income Tax Act or under the Indian Medical Council Regulations. In our considered view, though the CBDT can tone down […]

No Service Tax under RCM on acquiring of broadcasting rights of cricket matches to be played outside India

October 10, 2021 1296 Views 0 comment Print

Sporty Solutionz Pvt. Limited Vs Commissioner, Central Goods and Service Tax (CESTAT Allahabad) Brief facts of the case are that the appellants had acquired ‘Media / Broadcasting rights’ of various sporting events from M/s Taj TV Ltd., Mauritius, for broadcasting cricket matches between Bangladesh and Zimbabwe (to be played outside India), in Bangladesh territory on […]

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