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"27 November 2021" Archive

Applicability of GST on charitable activities & controversy over grants

The recent Maharashtra AAR with respect to M/s Jaishankar Gramin Va Adivasi Vikas Sanstha application, where the AAR has confirmed that grants received from Government is chargeable to [email protected]%. The applicant being a charitable trust, the ruling is significant for us to understand what is a taxable supply and what is an exempted supply wit...

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Depreciation allowed on new server, storage and accessories procured during the year on lease

DCIT Vs BSE Ltd. (ITAT Mumbai)

Where assessee claimed depreciation on new server, storage and accessories procured during the year on lease and the assessee incurred cost of such asset and was also paying interest on lease; the assessee would be eligible to claim such depreciation....

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Pre-delivery inspection & after sales service charges not includible in assessable value of motor vehicles

Skoda Auto Volkswagen India Private Limited Vs Commissioner of Central Excise (CESTAT Mumbai)

Skoda Auto Volkswagen India Private Limited Vs Commissioner of Central Excise (CESTAT Mumbai) Facts- The short issue involved in the present case is that whether the cost of Pre-delivery Inspection (PDI) and After Sale Service (ASS) charges required to be included in the assessable value of the motor vehicles sold by the appellant to the ...

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Proceedings for confiscation & penalty not sustainable once duty demand dropped

Nitin Jatania Vs Commissioner of Customs (Adjudication) Mumbai (CESTAT Mumbai)

Nitin Jatania Vs Commissioner of Customs (Adjudication) Mumbai (CESTAT Mumbai) Facts- The appellant alleged that the Additional Director General, DRI didn’t have the jurisdiction to issue the show cause notice as he was not the proper officer under section 28 of the Customs Act to issue the notice. Conclusion– The Supreme Court ob...

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Costs Imposed on AO for Passing Orders in Undue Haste by Bombay HC

Parag Kishorchandra Shah vs. NFAC  W.P. NO.11052 OF 2021 dated 27.10.21 Bombay HC Brief Facts of The Case i) Order dated 20.04.21 passed u/s. 143(3) r.w.s 144B; ii) Assessee had been filing responses to notices u/s 142(1); iii) Last 142(1) issued on 14.02.21 which was replied on 24.02.21; iv) On 17.04.21(Saturday) at 02:43 PM A […...

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UP CM & FM Inaugurate Income Tax Office Complex at Lucknow

Chief Minister of Uttar Pradesh Shri Yogi Adityanath and Union Finance Minister Smt. Nirmala Sitharaman Inaugurate Income Tax Department’s Office Complex, the new ‘Pratyaksh Kar Bhawan’, at Lucknow. The Income Tax Department’s new Office Complex, the ‘Pratyaksh Kar Bhawan’, at Lucknow was inaugurated today i. e. 26.11.2021 by ...

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Income Tax Dept searches two major real estate developers of Ludhiana

The Income Tax Department initiated search and seizure operations on two major real estate developers of Ludhiana on 16.11.2021. The search action covered around 40 premises in Ludhiana....

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Guidelines for disallowing debit of electronic credit ledger under Rule 86A

F No. 461403 Government of Haryana Excise and Taxation Department Dated the 22nd November, 2021 Subject: Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the HGST Rules, 2017- Reg. Rules 86A of the Haryana Goods and Services Tax Rules, 2017 (hereinafter referred to “the Rules”) provides that in ce...

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Registration Procedure on Traces

TRACES registration is mandatory for every deductor/taxpayer and PAO who wants to avail facilities provided by TRACES. Please click on this link for know about the facilities provided by traces https://taxguru.in/income-tax/traces-importance.html Before know about how to do registration on TRACES we need to know about that who is the Tax ...

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Whether any incriminating material found during Search on any other person can be considered in Section 153A assessment of assessee

Whether any incriminating material found during the course of an Income Tax Search on any other person can be considered in the assessment under Section 153A of the assessee – A study Introduction: Section 153A provides the procedure for completion of assessment in case of a person where a search is initiated under Section 132 [&hel...

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