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Archive: 05 March 2022

Posts in 05 March 2022

HC upheld validity of Toll Tax & exemption to certain class of persons

March 5, 2022 9558 Views 0 comment Print

D. Vidya Sagar Vs Union of India (Telangana High Court) Validity of Toll Tax when taxes required under Motor Vehicles Act (Road Tax) are been paid The petitioners before this Court, who are advocates and owners of Hyundai Creta and Hyundai 1-20 and they have stated that while purchasing the cars, they have paid taxes […]

Nature of service is irrelevant for rule 5 of CENVAT Credit Rules, 2004

March 5, 2022 627 Views 0 comment Print

Rolex Watch Company Private Ltd Vs Commissioner of CGST & Service Tax (CESTAT Mumbai) On perusal of the contract, it is seen that there are two obligations that devolve on the appellant, viz, promotion and marketing of Rolex watches in India and undertaking repairs/replacement during the warranty period for which neither the customer nor the […]

Service tax not payable on hypothetical calculation without actual consideration

March 5, 2022 1095 Views 0 comment Print

The Vardhman Developers Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi)  We take notice that service tax law was revamped w.e.f. 01.07.2012 by bringing in various changes. We also take notice of the TRU/CBEC letter dt. 20.02.2010 regarding the scope of valuation of taxable amount in respect of residential complex service, which was introduced […]

ITAT can extend stay beyond 365 days if delay in disposal of appeal is not attributable to assessee

March 5, 2022 1287 Views 0 comment Print

Google LLC Vs JCIT (OSD) (ITAT Bangalore) The Tribunal has held that the where the delay in the disposal of pending appeal is not attributable to the assessee, the tribunal has power to extend the stay beyond a period of 365 days even after the amendment of the third proviso to section 254(2A) w.e.f 1st […]

Allowability of delayed payment of employee’s contribution to PF/ESIC

March 5, 2022 10266 Views 0 comment Print

Rakesh Janghu Vs Circle, 33(1) (ITAT Delhi) On perusal of the records, we observe that the Assessing Officer has made the impugned addition on the ground that the assessee has deposited employee’s contribution towards Provident Fund and ESI amounting to Rs.2,32,41,551/- after due date as prescribed under the relevant Act/ Rules in breach of Explanation […]

Administrative lapse on part of Appellants representative – ITAT condone delay

March 5, 2022 519 Views 0 comment Print

There was no ill-motive behind for not filing appeal in time and assessee had also filed affidavit, stating the reasons and requested Tribunal to condone the delay which occurred due to administrative lapse on part of his representative.

CESTAT allows refund of Cenvat Credit of Sugar Cess

March 5, 2022 945 Views 0 comment Print

Bengal Beverages Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) Briefly stated, the facts of the case are that the Appellant is engaged in the manufacture and clearance of Aerated water and Fruit based drinks (in short ‘final products’) classifiable under Chapter- 22 of the Central Excise Tariff Act, 1985 on payment of […]

Service Tax liability cannot be determined merely by relying on Form 26AS

March 5, 2022 24183 Views 0 comment Print

Luit Developers Private Limited Vs Commissioner of CGST & Central Excise it is trite law that figures of Form 26AS are not to be used for determining Service Tax liability unless there is proof to show that it was on account of any taxable service and relies on the order of the Tribunal in Kush […]

Income from Sub-leasing of properties – Business or House Property?

March 5, 2022 7194 Views 0 comment Print

Whether Income from Sub-leasing of properties will be considered as Income from Profits and Gain from Business or Profession (Section 28) or Income form House Property (Section 22).

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