"12 November 2022" Archive

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

No. F.16 (752) VAT /Tax/CCT/2022-23/Part-V/ 1014 12/11/2022

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...

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Penalty not leviable for bona fide non-payment of tax

Dinesh Chandra Dubey Vs Commissioner of Central Goods (CESTAT Delhi)

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....

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

PCIT Vs Amadeus India Pvt. Ltd (Delhi High Court)

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....

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

Circular No. 14/2022-TNGST (PP2/GST-15003/23/2022) 12/11/2022

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....

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

Axis Trustee Services Limited Vs Brij Bhushan Singal (Delhi High Court)

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....

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

Sriroz Consultants Pvt. Ltd. Vs Commissioner of CGST & CE (CESTAT Mumbai)

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...

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

J.K. Constructions Vs The Chief Engineer (Madras High Court)

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....

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

Future Bath Products Private Limited Vs Corza International & Ors. (Delhi High Court)

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 betw...

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

Pandharpur Municipal Council Vs DCIT (CPC)–TDS (ITAT Pune)

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....

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Deduction on leave encashment not available on accrual basis

Global E-Business Operations Private Limited Vs DCIT (ITAT Bangalore)

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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