"26 December 2022" Archive

Fraud by Pretending as ITO – HC grant bail to accused

Abhinav Kumar @ Sonu Son of Arun Singh @ Arun Kumar Singh Vs State of Bihar (Patna High Court)

As per prosecution case, some unknown persons entered into the house of the informant and told that they are Income Tax Officials and thereafter they started searching his house. The accused persons took away rupees twenty lacs alongwith gold jwellery....

Read More

Service tax amount not routed via P&L doesn’t attract provisions of section 43B

ACIT Vs S & A Finman Ltd. (ITAT Delhi)

ITAT Delhi held that as service tax amount is not routed through P&L account, the provisions of section 43B of the Income Tax Act are not applicable to the service tax liability....

Read More

Rejection of deduction claimed u/s 80JJAA on mere technical defect is unsustainable

Ginza Industries Ltd Vs DCIT (ITAT Kolkata)

ITAT Kolkata held that rejection of deduction claimed under section 80JJAA of the Income Tax Act on the basis of minor technical defect is unsustainable. Moreover, audit report has given complete clarity of the deduction....

Read More

No service tax on commission received from foreign entity in convertible foreign exchange

J M Huber India Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

J M Huber India Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Commission Agent Service provided to foreign based entity for promoting/marketing their goods in India on consideration the activity of the Indian agent providing promotion/marketing, technical support, installation, commission, etc. for sale of goods of foreign based entitie...

Read More

Rejection of claim of input tax credit on cryptic finding is untenable

Ashish Trading Company Vs State of U.P. (Allahabad High Court)

Allahabad High Court held that rejection of claim of input tax credit on cryptic findings cannot be sustained. Accordingly, matter remanded to first Appellate Authority to record specific finding....

Read More

Service Tax Refund admissible on Pipeline installed partly in SEZ partly outside

Reliance Jamnagar Infrastructure Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)

Trenching pipeline installed partly in SEZ and partly outside but for use in operation of the SEZ is admissible and the refund of the same is clearly admissible....

Read More

Reassessment Notice issued without following section 148A Provision is invalid

Nambiar Balakrishnan Narendran Vs ITO (Kerala High Court)

HC held that it is clear that there is no record to suggest that the procedure contemplated u/s 148A of the Act were followed before issuing notice under Section 148 ...

Read More

HC quashed section 148 notice for AY 2013-14 issued after six years

Nutan Bhusan Jena Vs PCIT (Orissa High Court)

Notice under Section 148 of the Act pertaining to the Assessment Year (AY) 2013-14 was issued on 30th March 2021, i.e., prior to 1st April 2021. Also, it was beyond the period of six years after the expiry of the AY in question...

Read More

HC allows transition of CENVAT Credit by Input Service Distributor (ISD)

Apar Industries Limited Vs Union of India (Bombay High Court)

Apar Industries Limited Vs Union of India (Bombay High Court) 1. The Petition is filed in relation to the objections raised with regard to transition and distribution of CENVAT Credit by Input Service Distributor (ISD) of the balance of Service Tax/ Excise Duty as on 30.06.2017. 2. Since filing declaration in Form GST TRAN-1 was […...

Read More

Major Recommendation of 48th GST Council Meeting

GST Council held its 48th GST Council Meeting at New Delhi via virtual mode on 17th Dec 2022 which was chaired by Finance Minister Nirmala Sitharaman. What was the agenda of the meeting?...

Read More
Posted Under: Income Tax |