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Archive: 12 July 2022

Posts in 12 July 2022

Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional

July 12, 2022 1830 Views 0 comment Print

Sri Sri Engineering Works Vs Deputy Commissioner (CT) (Telangana High Court) Challenge made in this batch of writ petitions is to the constitutionality of Telangana Value Added Tax (Second Amendment) Act, 2017. It is the contention of the petitioners that Telangana Value Added Tax (Second Amendment) Act, 2017 is ultra vires the Constitution of India and thus […]

Non-woven bags made from polypropylene classifiable under HSN Code 3923

July 12, 2022 2481 Views 1 comment Print

AAAR held that Polypropylene Non-woven bags are made from polypropylene which is a type of plastic and merits classification under Chapter Heading 3923 of HSN/Customs Tariff Act, 1975.

आनलाइन गेम, सट्टा पर जीती रकम पर कटता है टीडीएस आयकर और नहीं मिलता इसका रिफंड 

July 12, 2022 18396 Views 1 comment Print

कौन बनेगा करोड़पति गेम शो शुरू होने वाला है और इसी तरह के अनगिनत गेम शो, एप, आनलाइन गेम, आदि सोशल मीडिया पर धडल्ले से चल रहे हैं. सरकार इनसे बचने की जरूर सलाह देती है लेकिन इनकी कानूनी वैधता पर चुप रहती है. लेकिन हां इस पर टैक्स लगाकर राजस्व वसूलने में सरकार को […]

Relevant date for claiming Pension Scheme is date of actual appointment & not date of approval of appointment

July 12, 2022 2154 Views 0 comment Print

HC held that the relevant date for claiming Old Pension Scheme is the date of actual appointment and not the date of approval of appointment.

Before 01.04.2017 assessee can set off loss against Section 115BBE income

July 12, 2022 3090 Views 0 comment Print

Heera Kerala Developers Pvt. Ltd. Vs ACIT  (ITAT Cochin) After hearing the rival submissions we observe from the assessment order passed under Section 143(3) of the Act that there was an addition made by the AO under Section 68 of the Act to the tune of Rs.71,66,000/-which has been set off from the returned loss […]

Non-filing of Section 8 application under Arbitration Act not amounts to surrendered to jurisdiction of court by petitioner

July 12, 2022 5643 Views 0 comment Print

Jammu & Kashmir HC clarifies non-filing of Section 8 application doesn’t waive arbitration rights. Anita Mehta seeks arbitrator appointment.

Depreciation eligible on Goodwill acquired under slump sale agreement

July 12, 2022 4956 Views 0 comment Print

ITAT held that by acquiring business rights along with tangible assets, the assessee got an up and running business and the specified intangible assets acquired under slump sale agreement are in the nature of any other business or commercial rights of a similar nature on which depreciation is allowable.

Cenvat credit of service tax paid under RCM eligible to manufacturer

July 12, 2022 2106 Views 0 comment Print

G & G Ispat (P) Limited Vs Commissioner (CESTAT Delhi) Appellant admittedly has paid the service tax chargeable from them under reverse charge mechanism, on 31.10.2015, which was reflected in the return filed for the period 2014-15, which was filed on 21.01.2016. Further, appellant has also informed this fact of tax having been deposited vide […]

Refund of Service Tax paid by Mistake cannot be denied on Limitation ground: HC

July 12, 2022 1854 Views 0 comment Print

Bellatrix Consultancy Services Vs Commissioner of Central Tax (Karnataka High Court) It is not in dispute that assessee had paid service tax on an erroneous assumption that it was liable to pay the taxes. The Assessing Authority has allowed a part of the claim. Thus, according to the Assessing Authority, appellant is not liable to […]

Electricity cannot be denied to Tenant Merely for NOC from Landlord: SC

July 12, 2022 16395 Views 1 comment Print

It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate.

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