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Archive: 16 October 2022

Posts in 16 October 2022

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

October 16, 2022 8538 Views 0 comment Print

Understanding Notification 19/2022 issued by CBIC dated 28th September 2022. Learn about the Central Goods and Service Tax (Second Amendment) Rule 2022 and registration cancellation rules.

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

October 16, 2022 3972 Views 0 comment Print

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, p. 863; Vepa P. Sara thi, Interpretation […]

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

October 16, 2022 4278 Views 1 comment Print

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 […]

Taxing statute is to be construed strictly: Supreme Court

October 16, 2022 5055 Views 0 comment Print

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

October 16, 2022 2955 Views 0 comment Print

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

October 16, 2022 1428 Views 0 comment Print

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

October 16, 2022 5613 Views 0 comment Print

Discover how CBLMS revolutionizes Customs Brokers licensing processes. Streamline your operations with end-to-end IT integration and smart automation.

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

October 16, 2022 2490 Views 0 comment Print

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’

October 16, 2022 2265 Views 0 comment Print

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 amounted to “manufacture”, and therefore, service tax was not leviable.

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

October 16, 2022 3270 Views 0 comment Print

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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