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Archive: March, 2022

Posts in March, 2022

CESTAT allows Cenvat credit on maintenance & repair work of residential colony

March 28, 2022 831 Views 0 comment Print

Mangalam Cement Ltd. Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Appeal is filed against denial of cenvat credit of service tax taken by the appellant on maintenance and repair work of their residential colony on the ground that the said service has no nexus with the manufacture of final product. Rule 2(l) of Cenvat […]

Customs Broker cannot use IEC of others without their knowledge for import by his client

March 28, 2022 2832 Views 0 comment Print

Falcon India (Customs Broker) Vs Commissioner of Customs (CESTAT Delhi) Regulation 10 (n) of CBLR 2018 (read with erstwhile Regulation 11(n) of CBLR, 2013) requires the Customs Broker to verify correctness of Importer Exporter Code (IEC) number, Goods and Services Tax Identification Number (GSTIN),identity of his client and functioning of his client at the declared […]

CBDT extends timelines under TOLA

March 28, 2022 23736 Views 0 comment Print

CBDT extends time line under Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) vide Notification No. 16/2022 Income Tax, [S.O. 1440(E)] dated: 28th March, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi, the 28th March, 2022 Notification No. 16/2022 Income Tax S.O. 1440(E).—In exercise […]

Faceless Jurisdiction of Income-tax Authorities Scheme, 2022

March 28, 2022 5655 Views 0 comment Print

For the purpose of Faceless Jurisdiction of Income-tax Authorities Scheme, 2022 the exercise of all or any or the powers and performance of all or any of the functions conferred on, or, as the case may be, assigned to income-tax authorities, by or under the Act as referred to in section 120 of the Act;

Section 11B time limitation for claiming refund not applies to ‘deposit’ in PLA

March 28, 2022 1620 Views 0 comment Print

Marketing Communication and Advertising Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) Section 11B prescribes time limitation for claiming refund of duty & interest, if any, paid. In the Order-in-Original, even though Appellate Authority observed that the appellant filed a refund claim of Rs. 20,38,157/- (Rupees Twenty Lakhs Thirty Eight Thousand One Hundred and Fifty […]

Expense on Consumable Tools having short working life with no independent function allowable as Revenue expense

March 28, 2022 837 Views 0 comment Print

Walvoil Fluid Power India Pvt. Ltd. Vs DCIT (ITAT Bangalore) On perusal of the list of the tools treated as capital in nature and we find that the value per item in the entire list is not significant. The ratio laid down by the Hon’ble SC in Sarvana Spinning Mills Pvt. Ltd., (Supra) is that […]

HC direct GST dept to withdraw negative block of electronic credit ledger

March 28, 2022 2736 Views 0 comment Print

Milap Scrap Traders Through Pro. Harshadbhai Manubhai Patel Vs State/Commercial Tax Officer (Gujarat High Court) High Court held that the condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is alleged to be ineligible. If credit balance is available, then […]

Deduction of employees’ contribution to PF/ESI made prior to due date of filing ITR

March 28, 2022 2274 Views 0 comment Print

Google India Private Limited Vs DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]

Important Things of GST to Remember This March 2022 ending!

March 28, 2022 22164 Views 0 comment Print

Following are the things to keep in mind – 1) All the exporters who make export of goods/services or supplies to SEZ without payment of GST should apply for Letter of Undertaking (LUT) in form GST RFD 11 for FY 2022-23.

Raj HC issued notice on constitutional validity of Section 194N

March 28, 2022 2439 Views 0 comment Print

The Rajasthan High Court, Jaipur in the matter of, Abhay Singla v. Union of India, has recently issued notice in a public interest litigation challenging the constitutionality of Section 194N of the Income Tax Act, 1961.

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