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Archive: 02 July 2022

Posts in 02 July 2022

TDS on Benefit or Perquisite under section 194R

July 2, 2022 5352 Views 0 comment Print

Understanding TDS on Benefit or Perquisite under section 194R of the Income Tax Act. Learn about the new tax requirements and deductions for business or profession income.

Section 194R TDS on Benefits or Perquisites under Income Tax Act 1961

July 2, 2022 25533 Views 0 comment Print

Understanding Section 194R TDS on Benefits or Perquisites under Income Tax Act 1961. Learn about its objectives, implementation, and impact on tax base.

Withholding payment due to unliquidated damages is unsustainable

July 2, 2022 921 Views 0 comment Print

There cannot be any justification for the ONGC to withhold any amount on the premise that it has a claim of unliquidated damages against the petitioner

AAR Telangana alllows Vishnu Granites Private Limited to withdraw application

July 2, 2022 225 Views 0 comment Print

In re Vishnu Granites Private Limited (GST AAR Telangana) In the reference 1st cited, M/s. Sri Vishnu Granites Private Limited, Hyderabad, (36AAECS9143H1Z5) has sought certain clarification by filing an application for Advance Ruling. The Case was posted for personal hearing on 06-04-2022. 27-04-2022& 28-06-2022, However, in the reference 7th cited, M/s. Sri Vishnu Granites Private […]

No penalty on confiscated gold bar in the presence of cogent evidence

July 2, 2022 714 Views 0 comment Print

Appellant had reasonably explained the licit possession of the two gold bars, as received by way of succession under the will of his father however due to unexplained  source of licit acquisition by father of appellant,  penalty under Section 112(a) was reduced to Rs. 50,000/-(Rupees fifty thousand only) and penalty under Section 114AA was set aside.

Limitation not applies to Refund of PLA Balance

July 2, 2022 1980 Views 1 comment Print

Sun Pharmaceutical Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of […]

Section 56(2)(viib) cannot be invoked to tax share premium for AY prior to AY 2013-14

July 2, 2022 2115 Views 0 comment Print

DCIT Vs Archean Chemical Industries Pvt.Ltd. (ITAT Chennai) 13. The provisions of section 56(2)(viib) has been inserted to the statute by the Finance Act, 2012 w.e.f. 01.04.2013 and as per said provisions, where a company, not being a company in which public are substantially interested, receives in any previous year, from any person being a […]

Loss in transit not includible for computation of ‘assessable value’

July 2, 2022 636 Views 0 comment Print

Savita Oil Technologies Ltd Vs Commissioner of Central Excise (CESTAT Mumbai) The issue revolves around the alleged non-receipt of ‘inputs’ in excess of the tolerance margin of 0.4% at the facility of the appellant as evidenced by their own ‘goods receipt note (GRN)’ for the disputed period and the impugned order held that ‘8. The […]

13 years delay in adjudication of Show Cause Notice is not proper & legal

July 2, 2022 3957 Views 0 comment Print

Find out why delaying the adjudication of Show Cause Notices for 13 years is not just, proper, or legal. Learn more about this legal issue in our blog post.

SC on Services Tax Exemption on man power or job work services

July 2, 2022 5919 Views 0 comment Print

Whether services provided are man power services or job work services so as to be exempted under the relevant notifications issued under Finance Act, 1994.

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