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Archive: April, 2022

Posts in April, 2022

Service Tax not payable on Notional Interest on Refundable Security Deposit

April 18, 2022 1365 Views 0 comment Print

Marwadi Shares & Finance Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) The dispute in the present appeals relates to service tax on interest free deposit amount collected by the Appellant from the demat account holders under the Scheme and in lieu of the same Appellant has not collected AMC charges. However, we find that the […]

HC directs dept. to complete delayed final GST assessment proceedings within 2 Months

April 18, 2022 828 Views 0 comment Print

Modern Syntex Vs Assistant Commissioner of CGST And Central Excise (Gujarat High Court) The grievance of the writ-applicant is that the final GST  assessment proceedings are yet to be undertaken. No final assessment order has been passed till this date. We have gone through the affidavit-in-reply filed on behalf of the respondents. We do not […]

Fraudulent Claim of ITC of ₹9.97 crores: HC grants Bail to Accused

April 18, 2022 1065 Views 0 comment Print

The allegation against applicant is that he and a co-accused have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 3066 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Pre-deposit Payment by Parent Company is proper compliance: HC

April 18, 2022 510 Views 0 comment Print

St. John CFS Part Pvt. Ltd. Vs Commissioner of Central Excise (Madras High Court, Madurai Bench) Taking note of the pendency of the merger proceedings, the parent company namely, M/s.St.John Freight System Limited, deposited the money as directed by the conditional order. The Tribunal has refused to accept such deposit as a proper compliance with […]

Sale of Goods by Importer to Another not Legally Prohibited: CESTAT quashes Penalty

April 18, 2022 792 Views 0 comment Print

Freight Link Logistics Vs The Commissioner of Customs  (CESTAT Chennai) In the present case, it is not disputed that M/s. Vaaraahi Traders are licensed to import goods and that their IE Code is valid. The case set up by the department is that the goods imported are for the use / purchase of Shri A. […]

HC allows expense on payment of bonus to Directors

April 18, 2022 6084 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

No Service Tax on Construction Services prior to 1st July 2010

April 18, 2022 3654 Views 1 comment Print

Jagdish Pala Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) We find that the Appellant are engaged in the construction of Residential and Commercial Complexes and received the booking amount as well as instilment amount from his buyers. Revenue proceeded against them on the ground that they have evaded payment of Service Tax on […]

CIT(A) cannot dismiss the appeal for non-prosecution

April 18, 2022 1083 Views 0 comment Print

As a matter of facts, the income tax Act in section 251 of the I.T.Act dealing with the power of ld.CIT(A) does not provide for any power to the ld.CIT(A) to dismiss the appeal for non-prosecution.

ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1866 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

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