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Archive: 17 June 2022

Posts in 17 June 2022

In absence of contract between assessee & transporters, Section 194C TDS not applicable

June 17, 2022 816 Views 0 comment Print

Where AO made disallowance of transportation expenses claimed by assessee for non-deduction of tax at source under section 194C; in view of the fact that there was no contract between the assessee and transporters, the provisions of section 194C could not be invoked

Calcutta HC directs Sales Tax Dept. to accept ‘D’ Forms & allow concessional tax rate

June 17, 2022 639 Views 0 comment Print

Instant Writ Petition has been filed against action of Sales Tax Department concerned denying it concessional rate of tax on sales made by it

Cenvat credit eligible on Steel items used in setting up of sponge iron kiln

June 17, 2022 525 Views 0 comment Print

Iron & steel items & cement used for erection of foundation & support structures come within the ambit of definition of input so long as it satisfies user test.

Instruction on sanction of GST refund & Post audit of refund orders

June 17, 2022 22113 Views 0 comment Print

Learn about the recent Instruction on sanction of GST refund and Post audit of refund orders issued by CBIC. Understand the detailed guidelines for refund claims and ensure uniformity in practices.

HC set aside GST order as opportunity of personal hearing not provided

June 17, 2022 1443 Views 0 comment Print

High Court  set aside the assessment order passed U/s.74 of the WBGST Act, as no opportunity of personal hearing was provided to the petitioners, although the same was specifically asked from the authorities.

Extension of Bill of Entry Submission and Write off of amount payable

June 17, 2022 79824 Views 11 comments Print

In this update, we are providing key points from captioned Master Direction in connection with Extension and Write off of the amount payable against the import of good and services.

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 2841 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

CESTAT allows Transfer of CENVAT Credit to amalgamated entities

June 17, 2022 672 Views 0 comment Print

IBM India Pvt. Ltd. Vs C.C.E. & S.T.-Bangalore-LTU (CESTAT Bangalore) On a cogent reading of sub-rules (1) and (2) of Rule 10 ibid as above, it transpires that transfer and availment of unutilized cenvat credit is permissible under the statute, subject to fulfillment of the conditions that transfer of business must be on account of […]

Cess credit refund cannot be denied for non-utilisation prior to GST regime

June 17, 2022 1563 Views 0 comment Print

Refund of credit of cess cannot be denied merely on the ground that such credit, which could not be utilized prior to GST regime, would stand lapsed.

High-pitched Scrutiny Assessment- Revised Instruction – Local Committees

June 17, 2022 14517 Views 0 comment Print

Revised Instruction for constitution and functioning of Local Committees to deal with taxpayers’ grievances due to high-pitched Scrutiny Assessment In line with CBDT’s policy and commitment towards providing enhanced taxpayers’ services and reduce taxpayers’ grievances, CBDT has issued revised Instruction for constitution and functioning of Local Committees to deal with taxpayers’ grievances arising out of […]

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