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Archive: 15 April 2023

Posts in 15 April 2023

Section 234E late fee Not Leviable for Belated TDS return filed Prior to 01.06.2015

April 15, 2023 726 Views 0 comment Print

While processing of TDS statement, the late fee, if any shall be computed in accordance with provisions of Section 234E of the Act. As a corollary, prior to amendment under Section 200A of the Act, levy of fee under Section 234E during processing of TDS statement is not tenable.

Mere submission of amendment by post to Charity Commissioner cannot be considered to be due registration

April 15, 2023 1401 Views 0 comment Print

Mere submission of amendment by post to Charity Commissioner cannot be considered to be due registration with Charity Commissioner. What is required to be shown by assessee is that amendment carried out to trust deed has been registered with Charity Commissioner and his approval has been obtained.

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 852 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

How to apply for GST Registration?

April 15, 2023 1605 Views 0 comment Print

Learn how to apply for GST registration online through the GST portal. Follow these steps to get your Goods and Services Tax Identification Number (GSTIN) hassle-free.

No Section 68 additions solely based on MOU found during search In Premises of Third Party

April 15, 2023 1215 Views 0 comment Print

No Sec. 68 additions solely based on MOU found during search In Premises Of Third Party if assessee wasn’t even remotely connected to MOU

Licence for ‘IMFL Restaurant ON Shop’ cannot be rejected for mere non-filing of GST return

April 15, 2023 282 Views 0 comment Print

Galaxy Bar and Restaurant Vs State of Odisha and others (Orissa High Court) Aggrieved by the non-grant of a licence for an IMFL Restaurant ON Shop under the name and style as ‘Galaxy Bar and Restaurant at Nayagarh’, the Petitioner has filed the present writ petition seeking a direction to the Opposite Parties to process […]

No Service Tax on Consideration for Composite Construction Services before 01.06.2007

April 15, 2023 612 Views 0 comment Print

Whether appellants liable to pay service tax on consideration received for construction services which are composite in nature including both supply of materials and provision of services for the period prior to 01.06.2007.

Adjudicating Authority cannot deny benefit granted by CESTAT without filing appeal against such order

April 15, 2023 534 Views 0 comment Print

CESTAT held that when Tribunal given a specific direction to extend cum-duty benefit to appellant, Adjudicating Authority ought to have calculated demand after granting benefit.

SAD refund claim not time barred as no limitation is prescribed under original Notification

April 15, 2023 1251 Views 0 comment Print

CESTAT held that refund claim of SAD is not time barred as no such limitation is prescribed under original Notification No.102 of 2007-Customs dated 14.09.2007

Clearing of railway coaches without payment of duty – CESTAT upheld interest & penalty

April 15, 2023 477 Views 0 comment Print

Integral Coach Factory Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts of the case are that appellants are engaged in the manufacture of railway coaches and are registered with the Central Excise Department. On specific intelligence that they were clearing railway coaches without payment of duty, the officers of the Preventive Unit […]

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