"21 December 2022" Archive

Delay in filing return due to genuine hardship faced by tax consultant eligible for condonation

Bhatewara Associates Manik Vs Union of India (Bombay High Court)

HC held that genuine hardship faced by tax consultant which led to omission of timely filing of petitioner’s return sufficient cause for condonation of delay under section 119(2)(b) ...

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HC directs department to issue rectified C-Forms subject to verification of entitlement

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court)

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court) The HC directed the Revenue Department to issue the rectified C-Forms, subject to the verification of entitlement on merits, without being burdened with issue concerning limitation. The petitioner is a telecom service provider. It undertook inter-state sales (C Forms)....

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Analysis of MAP Under FT&TR

The Foreign Tax and Tax Research (FT & TR) division within the Central Board of Direct Taxes (CBDT) in India is responsible for providing guidance and assistance on tax-related matters to taxpayers and tax professionals. This includes providing guidance on the mutual agreement procedure (MAP), which is a mechanism for resolving cross-...

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Posted Under: Income Tax

GST on collection of samples for diagnostic testing by a laboratory

Whether the services of collection of samples for diagnostic testing by a laboratory is exempt from GST? The collection centre does not have any laboratory. It collects the samples from the patients and delivers the same to the laboratory for testing. Services by way of healthcare are exempt under entry no. 74 of N 12/2017-CTR-28.06.2017....

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Posted Under: Income Tax |

Cenvat Credit eligible on inputs used in manufacturing of trial batches of medicament

ALKEM Laboratories Limited Vs. Commissioner of Central Excise & ST, Daman (CESTAT Ahmedabad)

The assessee is entitled to avail Cenvat Credit in respect of inputs and packaging material used in manufacturing of trial batches of medicament....

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Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

Green Valliey Industries Limited. Vs Assessment Unit (Calcutta High Court)

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?...

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Revenue Department has discretion to allow/disallow redemption of prohibited hazardous waste

Ayyan Energy Resources (P) Ltd Vs Commissioner Customs (CESTAT Delhi)

HC upheld order passed by Revenue Department confiscating the waste oil and imposing the penalty on import of the same. Held that, re-export of imported waste oil is not allowable as it is prohibited under the Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008...

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Show cause notice issued in routine manner cannot be considered a valid notice

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur)

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]...

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ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

DCIT Vs Automac Diesels (ITAT Bangalore)

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […...

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Order passed after due application of mind cannot be subjected to section 263 proceeding  

Jhunjhunu Karya Vikrya Sahakari Samiti Limited Vs PCIT (ITAT Jaipur)

AO has clearly conducted the enquiry and revenue did not pin point the error on the part of the assessing officer the order passed after due application of mind cannot be subjected to proceeding u/s. 263 of the Act....

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