"16 September 2022" Archive - Page 2

No Service Tax on Job Works For Alcoholic Beverages

In one of the recent important rulings, Service Tax Tribunal (Cestat) had come to conclusion that blending, bottling, labeling and packaging in relation to Indian Made Foreign Liquor (IMFL) can not be treated as a taxable service, viz, business auxiliary service and therefore, made liable to payment of Service Tax. The Tax Tribunal, CESTA...

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Posted Under: Service Tax |

Limitation under section 11B not applies to Cess on paper

Uniglobal Paper Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)

Held that since Cess on Paper is not a duty of excise the provisions of Section 11B of the Central Excise Act would not apply...

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Denial of exemption under notification 50/2003-CE unsustainable

Wipro Enterprises Pvt. Ltd Vs Commissioner (CESTAT Chandigarh)

Held that duty exemption benefit under notification no. 50/2003-CE dated 10.06.2003 cannot be denied because of a diversification of production capacity by adding new machines....

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Guidelines for Deductions & Deposits of TDS by DDOs Under GST Law

Circulars No. FD-ST/93/2022-03 16/09/2022

In order to comply with the provisions of the said Act for the purpose of TDS, the following steps are required to be taken by the DDOs: A. Registration as Tax Deductors in the GST common portal. B. Deduction of TDS amount as per the provisions from the bills to be paid to the suppliers/deductees. C. Deposit the TDS amount in to appropria...

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In absence of transfer Income cannot be treated as Capital Gain

DCIT Vs Virendrabhai Devjibhai Patel (ITAT Surat)

DCIT Vs Virendrabhai Devjibhai Patel (ITAT Surat) ITAT observed that the transactions were done by the assessee and the real investment in the transaction was carried out by Shri. Dharmeshbhai Patel (in short SDP). The assessee and Shri. Dharmeshbhai Patel (SDP) entered into an arrangement wherein, Shri. Dharmeshbhai Patel (SDP) provided ...

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Melamina is a Syantan and can be imported duty free under DFIA

Shalimar Precision Enterprises P. Ltd. Vs Commissioner of Customs (CESTAT Delhi)

Held that Melamina is a Syantan and accordingly benefit of duty free import under DFIA licence under Notification No. 98/2009-Cus dated 11.09.2009 available...

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OLA being an intermediary is not liable to deduct TDS on payment to drivers

ANI Technologies Private Limited Vs DCIT (TDS) (ITAT Chandigarh)

ITAT Chandigarh held that the aggregator/ intermediary (OLA) acts merely as an intermediary and hence not liable to deduct TDS u/s 194C on payments made to drivers....

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Company IPO – Hiring of Investment Bank

Company  IPO – Hiring of Investment Bank Once a company ensures compliance as mentioned in my previous article ‘Company IPO and Challenges‘ with all requirements, the company should prepare for the launch of its IPO. First step to the Launch of Company IPO is the hiring of an investment bank. Investment banks can work alon...

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Posted Under: Service Tax |

Can Name or Surname Be Registered As Brand?

INTRODUCTION I’ve come across several inquiries on whether they can use their names or last names as brand names, is it against the law for a legitimate user to operate under their own name? Can someone be prosecuted for trademark infringement if they use their own name or last name as a trademark? Is it […]...

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Posted Under: Service Tax |

Income In UAE Is Taxable w.e.f. 2023

First time a direct tax is being introduced for businesses in the UAE as earlier there was no tax as per the laws of the country. Ministry of Finance of UAE has introduced Federal corporate tax which will be effective for financial year starting on or after 1st June 2023. In this post is discussed […]...

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Posted Under: Service Tax |

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December 2022