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Archive: March, 2022

Posts in March, 2022

Entry Tax: Section 5 & Section 6 of West Bengal Finance Act, 2017 are ultra-vires & unconstitutional

March 26, 2022 4440 Views 0 comment Print

Tata Steel Ltd. Vs The State of West Bengal (West Bengal Taxation Tribunal) 1. Prelude The above bunch of cases have been heard analogously. West Bengal Tax On Entry of Goods into Local Area Act. 2012 (hereinafter referred as Entry Tax Act) was introduced w.e.f 01.04.2012 in purported exercise of the power conferred under Article […]

3 persons arrested in 2 cases related to fake availment & utilization of ITC

March 26, 2022 1518 Views 0 comment Print

In one of the cases, two accused were arrested on the ground that they were found actively involved in the racket of availing and utilizing fake/ fraudulent ITC under the name and style of a firm, by misusing the identity of a Rickshaw Driver.

Treatment of reimbursement of expense under GST

March 26, 2022 109452 Views 2 comments Print

Understanding the treatment of expense reimbursement under GST. Learn about the relevant provisions and rules for reimbursement in GST.

Applicability of GST on renting or letting out immovable property/Hotel for commercial use

March 26, 2022 14154 Views 0 comment Print

Learn about the applicability of GST on renting or letting out immovable property/hotels for commercial use under GST. Understand the relevant provisions of the GST Act & Rules.

Major issues of Composition dealer under section 10 of GST

March 26, 2022 11571 Views 0 comment Print

Understanding the major issues faced by Composition dealers under section 10 of GST. Get answers to questions about exempted supplies, input tax credit, and more.

Applicability of GST on Restaurant/Canteen/Out door catering under GST

March 26, 2022 79065 Views 0 comment Print

Understand the applicability of GST on restaurant, canteen, and outdoor catering services. Learn about tax rates, input tax credit, and liability for both the provider and the company.

No exemption from TCS on Purchase of Tendu leaves from Forest Department for Sale to manufacturer of bidis

March 26, 2022 8877 Views 0 comment Print

Gondia Beedi Leaves Contractors Association Vs Union of India (Bombay High Court) It is admitted that the re-sale of Tendu leaves, as it is without any process, after purchase from the Forest Department would amount to trading which does not qualify for exemption under sub-section (1A) of Section 206C of the Income Tax Act. It […]

AO cannot impose penalty without proving concealment by assessee

March 26, 2022 3144 Views 0 comment Print

Jhodinda Bhojpura Gram Sewa Sahakari Samiti Ltd Vs ITO (ITAT Jaipur) It is well-settled that assessment proceedings and penalty proceedings are separate and distinct and as held by the Supreme Court in the case of Ananthraman Veera singhaiah & Co.Vs. CIT [1980] 123 ITR 457, the finding in the assessment proceedings cannot be regarded as […]

NCDRC cannot Direct to Amend Pleadings: SC

March 26, 2022 5466 Views 0 comment Print

We hold that the appellant could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance. The appellant has stated that it does not wish to do so.

Expense on Installation of ERP package abandoned midway is revenue expenditure

March 26, 2022 1017 Views 0 comment Print

DCIT Vs Landis+ Gyr Ltd. (ITAT Kolkata) Expenditure incurred for construction / acquisition of new facility which had to be abandoned midway will be allowable as a revenue expenditure as incurred wholly or exclusively for the purpose of assessee’s business. It is to be noted that in the instant case also, the expenditure incurred by […]

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