"16 October 2022" Archive

Presentation on Notification 19/2022 issued by CBIC dated 28th September 2022

Notification No 19/2022 Central Board of Indirect Taxes and Customs 28/09/2022

Presentation on Notification 19/2022 issued by CBIC dated 28th September 2022 Short title and commencement. (1) These rules may be called the Central Goods and Service Tax (Second Amendment) Rule 2022. (2) Save as otherwise provided in these rules, they shall come into force with effect from the 1st day of October 2022. Rule 21. […...

While interpreting machinery provisions of a taxing statute court should give effect to its manifest purpose: SC

CIT Vs Calcutta Knitwears (Supreme Court of India)

CIT Vs Calcutta Knitwears (Supreme Court of India) In taxing statutes, even if the literal interpretation results in hardship or inconvenience, it has to be followed (G.P. Singh’s Principles of Statutory Interpretations, 12th Ed, 2010, Lexis Nexis Butterworths Wadhwa Nagpur; Bennion on Statutory Interpretation, 5th Ed., Lexis Nexis,...

Allowability of PF/ EPF/GPF paid after due date under respective Act but before ITR filing

CIT Vs State Bank of Bikaner (Rajasthan High Court)

CIT Vs State Bank of Bikaner (Rajasthan High Court) On perusal of Sec.36(1)(va) and Sec.43(B)(b) and analyzing the judgements rendered, in our view as well, it is clear that the legislature brought in the statute Section 43(B)(b) to curb the of such tax payers who did not discharge their statutory liability of payment of dues, as [&helli...

Taxing statute is to be construed strictly: Supreme Court

Ajmera Housing Corporation & Anr. Etc. Vs CIT (Supreme Court of India)

It is trite law that a taxing statute is to be construed strictly. In a taxing Act one has to look merely at what is said in the relevant provision. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied....

PF/ESI fund paid after due date under PF Act but before Section 139(1) due date allowable

Essae Teraoka Pvt. Ltd. Vs DCIT (Karnataka High Court)

Essae Teraoka Pvt. Ltd. Vs DCIT (Karnataka High Court) In the present case, admittedly, though the employer did not deposit the contribution, within the stipulated time, as contemplated by paragraph-3O of the PF Scheme or before the due date under the provisions of the PF scheme/Act, he deposited the contribution to the PF/ESI fund before...

Employees’ contribution to EPF allowable, if paid before due date of return

CIT, Udaipur Vs Udaipur Dugdh Utpadak Sahakari Sangh Limited (Rajasthan High Court)

CIT, Udaipur Vs Udaipur Dugdh Utpadak Sahakari Sangh Limited (Rajasthan High Court) While completing the assessment under Section 143(3) of the Income Tax Act, 1961  the Assessing Officer (AO) noticed that the assessee had deposited payment of Rs.14,60,412/- in the PF fund and Rs.973/- in the ESI fund with delay that is the said payments...

FAQs for Registration under CB Profile on CBLMS

Q. 1 What is CBLMS?  Ans. Customs Brokers License Management System (CBLMS) is a central platform for managing the Customs Broker’s licensing processes with end- to-end IT integration and smart automation. The project aims to minimize the physical interface between Customs Brokers and the department, bring uniformity in procedures, pro...

No reassessment beyond four years merely on basis of change of opinion

Textron India Private Ltd. Vs DCIT (ITAT Bangalore)

Reassessment was bad in law beyond four years when the tax payer had disclosed the facts at the time of original assessment proceedings and the AO did not draw any adverse inference regarding the same....

No service tax on printing of advertisement content on PVC Material as it amounted to ‘Manufacture’

Commissioner of Central Excise Vs Macro Media Digital Imaging Pvt. Ltd.  (CESTAT Hyderabad)

There would be difference if a person was engaged in proving any service connected with the making or preparation of the advertisement and a case where a person merely complied with the instruction of the clients for printing the contents supplied by the client thus, the activity of printing of advertisement content on PVC materials amoun...

Section 111(o) of Customs Act, 1962 becomes inapplicable once duty is recovered

Apex International Vs Commissioner of Customs (NS-IV) (CESTAT Mumbai)

CESTAT Mumbai held that with the recovery of duty, imports stand regularized and hence section 111(o) of Customs Act, 1962 becomes inapplicable. Accordingly, confiscation and penalty set aside....

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