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Archive: 19 April 2022

Posts in 19 April 2022

Service Tax Collected but not paid to Government disallowable under section 43B

April 19, 2022 3846 Views 0 comment Print

If the assessee actually received service Tax from its customers and kept it without depositing the same within due date of filing of return of income u/s.139(1) of the Act, then only the AO has to invoke the provisions of Section 43B and bring that amount to tax.

Services to Foreign client in India not amounts to intermediary service if not related to import or sale of goods

April 19, 2022 1815 Views 0 comment Print

Raaga Associates Pvt Ltd Vs Commissioner of CE & ST (CESTAT Chandigarh) The appellant has entered into contact with Syntech (HK) Technology Ltd. Hongkong (STLH) in order to short list states for launching Gionee mobile phones and make arrangement for advertisement for this. Further, the appellant undertook to set up STLH office in India, to […]

HC Quashes non-speaking orders under GST in Form GST-DRC-07

April 19, 2022 3846 Views 0 comment Print

HC set aside the demand order passed in Form DRC-07 by the Revenue Department, on the grounds of non-speaking order. All the relevant aspects of the matter were not considered and were not reflected in order.

Transfer Pricing adjustment should be restricted to AE transactions: ITAT

April 19, 2022 4590 Views 0 comment Print

Tokai Rika Minda India Private Limited Vs DCIT (ITAT Bangalore) On the issue of Transfer Pricing (TP) adjustment to be restricted to AE transactions, we find that the Assessee has rightly contended that section 92 of the Act can be applied only in respect of international transactions i.e., transactions with AE. The ITAT in the […]

ITAT condones 4 Years delay in filing Section 154 Rectification Application

April 19, 2022 3150 Views 0 comment Print

Bansal Propbuild Private Limited Vs CIT (ITAT Jaipur) The Bench observed that the assessee is engaged in agriculture produce and the same was sold during the year under consideration. However the AO has not treated as agriculture income. The assessee has filed application under Section 154 of the Act on 10.01.2019 mentioning therein that the […]

Section 44AD cannot be applied to Commission Agents

April 19, 2022 24288 Views 0 comment Print

Shri Selvaperumal Govindraj Vs ITO (ITAT Chennai) We noted that the legal position is very clear that profit rate as mentioned in the provisions of Section 44AD of the Act, cannot be applied to commission agents who are doing business of agency commission or earning commission income only in view of provisions of Section 44AD(6)(iii) […]

Third Party Insurance is deemed to be Transferred in Case of Hire Agreement

April 19, 2022 2640 Views 0 comment Print

SC Held That (Motor Vehicles Act ,1988) – Third Party Insurance deemed to be transferred along with effective control over vehicle in a Hire Agreement.

National Level Institutions dealing Cyber Crimes in India : An Analysis

April 19, 2022 7518 Views 0 comment Print

A. Niti Ayog :- In January 2015 this institution was fomed with a vision of National Development. In pursuing it’s objective e – governance and technology penetration got attention of this body. As a result of it this institution got related with cyber crimes in India. The NITI Aayog serves as the apex public policy […]

Levy of GST on Mining Royalty

April 19, 2022 76077 Views 7 comments Print

Understanding the GST implications on mining royalty: Is it a service or supply of goods? Discover the legal complexities and judicial rulings on this issue.

India’s sugar exports grow by 291% since 2013-14

April 19, 2022 984 Views 0 comment Print

India’s Sugar Exports witnessed an astounding growth of 291% from USD 1,177 million in FY 2013-14 to USD 4600 million in FY 2021-22. As per DGCI&S data, India exported sugar to 121 countries across the globe.

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