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Archive: 14 March 2023

Posts in 14 March 2023

ITAT allows cash payment made to volunteers for drug analysis

March 14, 2023 897 Views 0 comment Print

Panexcell Clinical Lab Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT find that the assessee is in the business of drug analysis, clinical trials, and other research activities and as part of the said business, the assessee does lab study of various drugs before their launch in the market. As per the assessee, for the purpose […]

C-forms cannot be cancelled retrospectively: Delhi HC

March 14, 2023 2094 Views 0 comment Print

Zapsell Retail Vs Commissioner State Goods And Services Tax (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr. (W.P.(C) 1358 of 2016 decided on 06.2016) this Court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions involving the similar […]

HC Rejects Bail Plea of Wife of Ex-CIT in Disproportionate Assets case

March 14, 2023 3819 Views 0 comment Print

During investigation huge property have been seized which were disproportionate to her known source of income, although, she was housewife and no tax return was filed. It is submitted that the petitioner had several joint bank accounts with her husband Tapas Kumar Dutta, 45 mutual fund investment and number of LIC policies.

GST provisional attachment under section 83 cannot be extended

March 14, 2023 2223 Views 0 comment Print

HC held that provisional attachment under section 83 of CGST Act 2017 cannot be extended & also there is no order extending the same.

Section 271B penalty deleted – Tax audit report submitted before finalization of assessment

March 14, 2023 5607 Views 0 comment Print

Assessee gets his accounts audited & furnished section 44AB audit report before finalization of assessment order, so section 271B Penalty deleted

No condonation of delay if no steps by appellant to effectively pursue the appeal

March 14, 2023 1200 Views 0 comment Print

ITAT denies condonation of delay & held that Preferring appeal does not mean mere formally filing it but also taking all steps to effectively pursue the appeal

No Service Tax on Construction Services to Gujarat State Police Housing Corporation

March 14, 2023 1194 Views 0 comment Print

Residential complex Construction service to Gujarat State Police Housing Corporation Limited for police staff is not liable to service tax

Non-Filing of CA Certificate with refund claim: CESTAT allows filing

March 14, 2023 771 Views 0 comment Print

It is seen that the Certificate from the Chartered Accountant is mandated under Para 3(i) of the Notification if the refund claim amount is more than 0.5% of the FOB value of the goods exported. Since legislative intention is not to export the taxes, I feel that an opportunity can be given to the Appellant to file the Chartered Accountant’s Certificate in terms of Para 3(i) of Notification No. 41/2012-S.T. dated 29/06/2012.

Satellite Transmission Services cannot be treated as royalty

March 14, 2023 744 Views 0 comment Print

ITAT held that receipts from Satellite Transmission Services cannot be treated as royalty & not taxable at the hands of assessee in India

Appellate authority cannot pass ex-parte order for mere non-submission of grounds

March 14, 2023 546 Views 0 comment Print

Merely because petitioner failed to submit grounds of appeal as an attachment at the time of filing its memo of appeal in Form No. 35, could not be a basis for appellate authority to pass order ex-parte especially when submissions sufficiently reflected the grounds on which order of assessment was being challenged in appeal proceedings.

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