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Archive: 01 May 2022

Posts in 01 May 2022

Service Tax not leviable if Total Receipt was below Threshold limit

May 1, 2022 1953 Views 0 comment Print

K.B. Singh (Contractor) Vs Commissioner, Customs, Excise and Service Tax (CESTAT Delhi) This appeal is filed by K.B. Singh1 assailing the order-in-appeal dated 07.01.2015 passed by the Commissioner (Appeals), upholding the order-in-original dated 11.02.2014 passed by the Deputy Commissioner of Central Excise & Service Tax, Jabalpur, whereby he confirmed service tax demand of Rs. 3,02,906/-against […]

Central Excise Duty not exempt on ‘Module Mounting Structures’

May 1, 2022 1056 Views 0 comment Print

M/s Raydean Industries Vs The Commissioner Central Goods & Service Tax (CESTAT Delhi) The issue that arises for consideration in this appeal is whether ‘module mounting structures’, which are manufactured by the appellant and which are supplied to suppliers of solar power water pumping systems for irrigating agriculture fields, is exempted from payment of central […]

Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 60846 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Section 14 of Arbitration Act not Confers Power on Court to Expunge Any Part of order of Arbitral Tribunal

May 1, 2022 3369 Views 0 comment Print

Mr Bhavanishankar H Sharma Vs SRS Private Investment Powai Limited (Delhi High Court) Section 14 of the Arbitration Act based lays down conditions under which the mandate of the Arbitral Tribunal may be terminated. The petition does not satisfy any of the requirements of the conditions contained in Section 14 of the Arbitration Act. Petitioner […]

Customs Broker’s Licence cannot be cancelled merely based on DGARM report

May 1, 2022 1149 Views 0 comment Print

Perfect Cargo & Logistics Vs Commissioner of Customs (CESTAT Delhi) In this case, there are no details in the SCN or in the inquiry report or in the impugned order as to how the DGARM came to the conclusion that the exporters did not exist and how after considering the defence submissions, the Commissioner came […]

Section 43CA RW 50C: AO cannot make addition without referring Valuation to DVO

May 1, 2022 2559 Views 0 comment Print

Vijay Arvind Raykar Vs ITO (ITAT Pune) The assessee is a builder. He is in the business of construction and sale of residential/ commercial properties. The AO observed that certain residential units have been sold by the assessee at a price less than the value adopted for Stamp Duty purpose by the State Government. During […]

HC upheld removal of CA member for other misconduct

May 1, 2022 1242 Views 0 comment Print

Institute of Chartered Accountant of India Vs Shri. P.P. jay (Karnataka High Court) ICAI submitted that the report of the Institute be accepted as the respondent has been found to be guilty of grave misconduct and the penalty has been imposed on the respondent commensurate to the misconduct, which has been proved. None has appeared […]

Refund cannot be rejected merely for limitation if last day to apply was Public Holiday

May 1, 2022 858 Views 0 comment Print

Credit Suisse Services India Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Admittedly as has been held in the Order-in-Original and Order-in-Appeal in terms of Notification No. 12/2013-ST the last date for filing of such refund application is before 30.04.2018 or to say in specific terms on or before 29.04.2018, though the same is not […]

Remuneration to Partner cannot be treated as ‘Expenditure’ for Section 40A(3)

May 1, 2022 9753 Views 0 comment Print

Ratilal & Sons Vs ITO (ITAT Mumbai) For invoking provisions of section 40A(3) of the Act, following conditions need to be cumulatively satisfied:- (i) there should be an expenditure; (ii) expenditure should be in mode other than prescribed by the section; and (iii) amount of expenditure should be more than Rs. 20,000. As stated in […]

Incentive received for using CRS Developer is not subject to service tax

May 1, 2022 1740 Views 0 comment Print

Asveen Air Travels (P) Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue that arises for consideration is whether the incentive received by the appellant for using the CRS Developer is subject to service tax or not. The Larger Bench in the case of Kafila Hospitality and Travels Pvt. Ltd. (supra) has […]

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