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Archive: 12 April 2023

Posts in 12 April 2023

Form No.10B filed late- Section 11 exemption denied – Date extended – HC grants stay

April 12, 2023 270 Views 0 comment Print

Grievance of petitioner is that benefit of Section 11 of Income Tax Act has not been extended to petitioner, which is a Charitable Society. The reason stated is that they failed to submit audit reports in time.

GST on Government subsidy – Advance ruling filed by recipient dismissed

April 12, 2023 711 Views 0 comment Print

GST on Government subsidy – Applicant is not a supplier of goods but is a recipient of goods. Thus instant application is not admissible.

GST Exemption for Printing Services to Educational Institutions: AAR Telangana Ruling

April 12, 2023 1578 Views 0 comment Print

Ruling by AAR in Telangana regarding GST exemption for printing services, such as question papers, OMR sheets, answer sheets, and marks cards, provided to educational institutions. Understand the classification, applicability of exemptions under specific notifications, and the composite supply nature of services.

TDS not deductible on payment for making use of shrink wrap computer software

April 12, 2023 852 Views 0 comment Print

ITAT Hyderabad held that payments made for making use of shrink wrap computer software wherein there is no transfer of any copyright nor grant of any commercial right to exploit it doesn’t fall within the definition of royalty and hence TDS not deductible.

Delay in receipt of review order not proved hence order u/s 129D(2) assumed to have been passed beyond 3 months

April 12, 2023 903 Views 0 comment Print

CESTAT Chennai held that appeal by department dismissed as time-barred as review order as required u/s 129D(2) of the Customs Act, 1962 assumed to have been passed beyond 3 months as no evidence produced proving delay in receiving review order.

Taxation of Trust

April 12, 2023 80220 Views 0 comment Print

Understand the taxation of trusts in India, covering registered and unregistered trusts. Learn about relevant sections, exemptions, and tax implications for trusts and associations of persons (AOPs).

Service tax cannot be demanded on reimbursable expenses

April 12, 2023 510 Views 0 comment Print

Issue is as to whether service tax can be demanded on reimbursable expenses. CESTAT held that demand cannot sustain & requires to be set aside

Levy of Property when Title to property is under dispute

April 12, 2023 525 Views 0 comment Print

Shaik Moulali Vs Sate of Andhra Pradesh (Andhra Pradesh High Court) This Writ Petition for mandamus is filed to declare the action of the 2nd respondent in levying property tax against the unofficial respondent No.3 in respect of the property in question, as illegal. 2) Heard learned counsel for the petitioner; learned Assistant Government Pleader […]

GST: Attachment of bank account of non-taxable person violates section 83

April 12, 2023 1170 Views 0 comment Print

Sakshi Bahl & Anr. Vs. Principal Additional Director General (Delhi High Court) HC held that based on facts and documents summitted it is clear that the petitioners are not taxable persons. The power under Section 83 of the Act, to provisionally attach assets or bank accounts is limited to attaching the bank accounts and assets […]

Stay of demand under GST cannot be denied for non-constitution of Tribunal

April 12, 2023 3810 Views 0 comment Print

Due to non-constitution of Tribunal, petitioner is deprived of his statutory remedy under Sub-Section (8) and Sub-Section (9) of Section 112 of B.G.S.T. Act.

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