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Archive: 12 January 2023

Posts in 12 January 2023

In revenue neutral situation, demand has to be treated as time-barred

January 12, 2023 2853 Views 0 comment Print

If any duty was paid by job worker, would be availed as Cenvat Credit by principal anyway, this being revenue neutral situation, the demand has to be treated as time-barred. The same analogy can be applied even for sub-contractor and main contractor as well.

IFSCA (Investment by International Financial Service Centre Insurance Office) Regulations, 2022

January 12, 2023 489 Views 0 comment Print

International Financial Services Centres Authority (Investment by International Financial Service Centre Insurance Office) Regulations, 2022

Commissioner (A) should consider order Passed by it in past for Similar Goods

January 12, 2023 309 Views 0 comment Print

ABB India Limited Vs Union of India (Bombay High Court) The Petitioner is a manufacturer of circuit breakers and switch gears of high voltage. The Petitioner exported the goods under ten shipping bills dated 21 January 2008, 5 February 2008, 12 February 2008, 4 March 2008, 11 March 2008, 11 June, 2008, 5 June, 2008, […]

Order sent on old address without any effort from AO to send on correct address is barred by limitation 

January 12, 2023 1041 Views 0 comment Print

DSV Solutions Pvt Ltd Vs DCIT (ITAT Mumbai) There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Assessing Officer under proviso to rule 127(2), within the permitted time frame under Section 153 r.w.s 144C of the Income Tax […]

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 558 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1386 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

GST payable on supply of Doctors to Hospital: AAR Haryana

January 12, 2023 6951 Views 0 comment Print

Company would act as a clinical establishment only if it is involved in treating the patients as defined under the definition (of the healthcare services) of the notification issued under the Act ibid but it becomes a supplier of specialized man power if it act differentially as it’s in the present case.

Demand based on audit without any further investigation is liable to be set aside

January 12, 2023 2289 Views 0 comment Print

Innovative and Technological Learning Services Pvt Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Demand based on audit without any further investigation is liable to be set aside on this count alone The appellant is a service provider. It provides services to a educational trust. It paid service tax. It suffered huge losses. As result of […]

HC directs department to consider representation to condones delay in payment under IDS, 2016

January 12, 2023 1119 Views 0 comment Print

Dr. Satyajit Bose Vs DCIT (Calcutta High Court) Admittedly, under the under Income Declaration Scheme, 2016 (IDS, 2016) , the third installment of income tax ought to have been remitted by the appellant not later than 30th September, 2017 but was remitted on 16th October 2017 Since the scheme did not provide for any extension […]

Disallowance u/s 14A restricted to amount of exempt income

January 12, 2023 1908 Views 0 comment Print

ITAT Bangalore held that disallowance under section 14A of the Income Tax Act is restricted to the amount of exempt income earned by the assessee.

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