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Archive: 18 January 2023

Posts in 18 January 2023

UPVAT: HC deletes penalty for discrepancy in truck number due to break down

January 18, 2023 450 Views 0 comment Print

Commissioner Commercial Tax Vs S.C. Jhonson Products Pvt. Ltd. (Allahabad High Court) HC find that the Tribunal has recorded a categorical findings of fact to the extent that the error, which has been occurred in Column 6 of Form 38 in not writing the date is a human error and the discrepancy in the truck […]

Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 3159 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Service tax refund cannot be denied on cancellation of booking of flats

January 18, 2023 1293 Views 0 comment Print

As per Rule 66E(b), Service Tax Rules, 1994 in construction service, service tax is required to be paid on amount received from buyers towards booking of flat before the issuance of completion certificate by the competent authority and the booking can be cancelled by the buyer any time before taking possession of the flat.

VAT Demand unsustainable as transport of goods outside the purview of ‘sale’

January 18, 2023 507 Views 0 comment Print

Maharaja Gas Agency Vs State of Tripura (Tripura High Court) Facts- The petitioner is carrying the business of distribution of Liquid Petroleum Gas (LPG) as well as transportation of LPG and LPG cylinders. On participation in a tender, invited by the Indian Oil Corporation Limited (IOCL), he was successful in the bid for grant of […]

Detention Order in Form GST MOV-06 passed after stipulated time is barred by limitation

January 18, 2023 3411 Views 0 comment Print

Detention order u/s.129(3) of GST Act is passed on eighth day from date of service of notice, whereas time line stipulated under Section 129(3) is that the order ought to be passed within a period of 7 days from the date of service of such notice

Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

January 18, 2023 993 Views 0 comment Print

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

Service Tax not payable on NSDL/CSDL charges recovered by broker from client

January 18, 2023 675 Views 0 comment Print

CESTAT held that NSDL/CSDL charges being statutory charges as per SEBI Rules should not be included for the purpose of service tax.

Bail granted as custody was never sought by CBI during the course of investigation

January 18, 2023 2664 Views 0 comment Print

Bombay High Court held that based on the charge sheet, the custody of the applicants was never sought during the course of investigation by CBI. Accordingly, demanding custody merely because of huge involved of amount is unjustified. Hence, bail granted.

Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1068 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

MCA imposes penalty for submitting resolutions without mentioning address, CIN etc.

January 18, 2023 9831 Views 0 comment Print

Penalty is been imposed for Non mentioning of registered office address of the company, Corporate Identity Number, telephone number, fax number, e- mail and website address.

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