Sponsored
    Follow Us:

Archive: 16 January 2023

Posts in 16 January 2023

Commission on Sales cannot be treated as Advertising Agency Service Income

January 16, 2023 1938 Views 0 comment Print

Drishty Communication Private Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) The appellants were engaged in providing services as advertising service to get customize and were registered “The Indian Newspaper Society” (INS). They were remitting 85% of the total amount received from their customers on getting space/time from media agencies or news papers or various publications. […]

Notice sent on Incorrect Address: Valid service of notice cannot be presumed

January 16, 2023 1410 Views 0 comment Print

Global Construction (A Proprietorship Firm) Vs Union of India (Jharkhand High Court) The appeal has been rejected by the Commissioner (Appeals), Central Goods & Services Tax and Central Excise, Ranchi only on the point of limitation since it was preferred after almost 2 years and 9 months on 29.09.2021. Under Section 85 of the Finance […]

HC directs issue of C Forms as petitioner was paying taxes on regular basis & no tax arrear

January 16, 2023 936 Views 0 comment Print

Grievance of the petitioner is that despite payment of taxes on regular basis and there being no arrear tax due, respondents did not issue the ‘C’ declaration forms. Petitioner had furnished proof of inter-state sale and transport of goods. Aggrieved, present writ petition has been filed seeking the reliefs as indicated above.

GST: HC refuses to allow presence of Advocate during Statement Recording by DGGI

January 16, 2023 1134 Views 0 comment Print

Ramesh Jethi Vs Directorate General of GST Intelligence (Delhi High Court) 1. This petition is filed with the following prayers:- (a) Issue a Writ of Mandamus directing the officers working under the charge and subordinate to learned Respondent to permit presence of Petitioner’s counsel while interrogating in conformity with the law propounded by the Hon’ble […]

Section 12AA: Registration cannot be denied without reasonable opportunity

January 16, 2023 1302 Views 0 comment Print

Action of the Ld. CIT(E) suffered from sufficiency of reasonable opportunity to the appellant to refute the rejection vis-à-vis to comply with the requirements sought, thus for the reason, we without commenting on the merits of the case, deem fit to remand the matter back to the file of Ld. CIT(E) for according reasonable & effective opportunity to refute the rejection vis-à-vis to comply with the requirements sought.

OVAT: Reopening of assessment based on mere objection of AG (Audit) is invalid

January 16, 2023 597 Views 0 comment Print

R.K. Industries Vs State of Odisha (Orissa High Court) The factual finding by the JCST was that the reopening of the assessment was done by the AO by simply accepting the objection of the AG (Audit) without forming independent opinion on whether such objection by the AG (Audit) was correct or not. There was no […]

No Tax on Interest on mandatory reserves created under Major Ports Trust Act 

January 16, 2023 720 Views 0 comment Print

As regards the deletion of addition of Rs.57 crores under the head of ‘interest accrued on investment on Capital Asset, Replacement Reserve Fund and Development, Repayment of Loan and Contingencies Reserve Fund’, it is pointed out that the Assessee has two statutory reserve funds viz., (i) Replacement, Rehabilitation, Modernization of Capital Assets Reserve and (ii) Reserve for Development, Repayment of Loans and Contingencies.

Bill of Lading is only one of the ways to transfer title of Goods and not the only way

January 16, 2023 852 Views 0 comment Print

Bill of Lading is only one of the ways to transfer the title and not the only way. It can be done either by handing over the Bill of Lading itself to the customers before the goods pass the customs barrier of India.

Date of TDS payment would be date of handing over of cheque to banker

January 16, 2023 621 Views 0 comment Print

ITAT held that payment would be deemed to have been made on date the cheque was handed over to banker and date of payment was to be taken as date of presentation of cheques by assessee.

Once TDS Element is Reflected in Form 26AS AO cannot allege that parties are not genuine

January 16, 2023 723 Views 0 comment Print

Once TDS element is reflected in Form No. 26AS, the Assessing  Officer cannot allege that the parties are not genuine. Moreover, full details are available on record.

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031