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Archive: 21 November 2022

Posts in 21 November 2022

GST @18% is leviable on alcoholic liquor for human consumption

November 21, 2022 8046 Views 0 comment Print

Andhra Pradesh High Court held that alcoholic liquor for human consumption doesnt constitute food/ food product falling within Chapter 1 to 22 and hence liable to tax @ 18% in terms of notification no. 6/2021- Central Tax (Rate) dated 30.09.2021

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

November 21, 2022 1476 Views 0 comment Print

Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice.

Disallowance u/s 40(a)(i) of management fees to AE unsustainable as amount not taxable in India

November 21, 2022 1275 Views 0 comment Print

ITAT Delhi held that management fees paid to AE is not chargeable to tax in India in terms with Article 12(4) of India-USA DTAA and hence disallowance of the same u/s 40(a)(i) of the Income Tax Act for non-deduction of TDS is unsustainable in law.

Presumption of smuggled goods without evincing illicit trafficking is incorrect

November 21, 2022 1116 Views 0 comment Print

CESTAT Mumbai held that without evincing illicit trafficking of the impugned goods and presuming the same as smuggled goods deprives legal sanctity.

Genuineness of transaction examined during regular assessment cannot be base for reassessment

November 21, 2022 702 Views 0 comment Print

Gujarat High Court held that details relating to share application money from the four entities was supplied by the assessee during regular assessment and AO was satisfied with the genuineness of the same Hence reopening the assessment doubting the same entries on the basis of change of opinion is unsustainable.

Resolution professional directing payment of gratuity in absence of gratuity fund is unjustified

November 21, 2022 2517 Views 0 comment Print

NCLAT Chandigarh held that as there was no gratuity fund created by the Corporate Debtor the Resolution Professional direct to pay gratuity to employee Additionally the salary and leave encashment of employees during CIRP period falls within the definition of insolvency resolution process cost.

Disputed Cenvat Credit claim of Assessee cannot be denied by mechanically invoking 6% Rule

November 21, 2022 951 Views 0 comment Print

Aurum Pharmachem Private Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) Issue that has to be considered in the present appeal is whether the Appellant not having maintained separate accounts in respect of the common input services used for manufacture of dutiable final products as well as exempted goods is mandatorily required to pay […]

Section 80IC: Year of substantial expansion is initial assessment year within the period of 10 years

November 21, 2022 1143 Views 0 comment Print

It was held that there can be two initial assessment years and the year in which there was substantial expansion that year is the initial assessment year within the period of 10 years for the purpose of claiming deduction under section 80-IC of the Act.

Percentage completion method followed by the developer is acceptable

November 21, 2022 4422 Views 0 comment Print

ITAT Mumbai held that appellant is recognizing the revenue on the basis of percentage completion method since inception of the firm as per the Accounting Standards There is no change or modification in the accounting method hence addition unsustainable.

Cash Deposit during Demonetization Period – AO must do comparative analysis of cash deposits with sales

November 21, 2022 5859 Views 0 comment Print

CBDT instructions dated 09/08/2019 speaks about the comparative analysis of cash deposits, cash sales, month wise cash sales and cash deposits. It also provides that whether in such cases the books of accounts have been rejected or not where substantial evidences of vide variation be found between these statistical analyses.

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