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Archive: 12 November 2022

Posts in 12 November 2022

Rajasthan VAT: SOP for outstanding demands created against firms who have not made any sale and/or purchase of goods

November 12, 2022 1323 Views 0 comment Print

Rajasthan VAT Standard Operating Procedure (SOP) for outstanding demands created against such person (firms) who have not made any sale and / or purchase of goods

Penalty not leviable for bona fide non-payment of tax

November 12, 2022 5124 Views 0 comment Print

CESTAT Delhi held that penalty for non-payment of service tax not leviable when the assessee has proved reasonable cause for their bona fide belief of non-payment.

In absence of provision in agreement with Associated Enterprise, AMP expense cannot be termed as international transaction

November 12, 2022 1815 Views 0 comment Print

Delhi High Court held that Advertisement, Market and business Promotion (AMP) expenses incurred cannot be termed as an international transaction in the absence of any provision for the same in the agreement with Associated Enterprise.

Procedures for initiation of action on non-filers of returns under TNGST Act

November 12, 2022 1557 Views 0 comment Print

Primary responsibility for ensuring timely filing of returns rests with the Assessing Officer. With the help of sub-ordinates, he should secure compliance of the filing of returns.

Interim moratorium of one guarantor wouldn’t ipso facto apply against co-guarantor

November 12, 2022 2367 Views 0 comment Print

Delhi High Court held that the interim moratorium under Section 96 Insolvency and Bankruptcy Code in respect of one of the guarantors would not ipso facto apply against a co-guarantor.

Excise or service tax leviability on activity relating to construction of greenhouse needs fresh adjudication

November 12, 2022 1320 Views 0 comment Print

CESTAT Mumbai held that for the same period excise duty is demanding alleging that activities undertaken by the appellants do amount to manufacture of Prefabricated building i.e. Green House and also service tax on activity of erection and commission of Greenhouse and Polyhouse at site. Accordingly, held that to ascertain the position, it is prudent to remand the matter to the adjudicating authority.

Differential liability under Highways and Public Works post GST should be computed as per Govt. orders

November 12, 2022 2253 Views 1 comment Print

Madras High Court held that for contract entered prior to 01.07.2017 under National Highways and Public Works Department differential tax liability is to be computed as per Government Orders and any recovery affected from the contractor contrary to the methodology will be refunded.

Phonetic Similarity could be the ground for restraining the use of trademark

November 12, 2022 3228 Views 0 comment Print

The Delhi High Court observed that on the issue of phonetic similarity in the two trademarks, the test to be applied is of a man of average intelligence and of imperfect recollection. To such a man, the overall structural and phonetic similarity and the similarity of the idea in the two marks is reasonably likely to cause a confusion between them.

Interest u/s 201(1A) for delay in depositing TDS is unescapable

November 12, 2022 2319 Views 0 comment Print

ITAT Pune held that interest u/s 201(1A) was charged on account of ex-facie delay in depositing the deducted tax within the stipulated due dates and such levy is automatic and without escapement.

Deduction on leave encashment not available on accrual basis

November 12, 2022 2112 Views 0 comment Print

ITAT Bangalore held that as per provisions of section 43B(f) of the Income Tax Act deduction on leave encashment is available on actual payment basis and not available on accrual basis.

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