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Archive: April, 2023

Posts in April, 2023

Rent received by Individuals owing Property jointly cannot be Clubbed to impose service tax

April 25, 2023 1731 Views 0 comment Print

Rented property jointly owned by five persons, whether appellants are liable to service tax by clubbing of all five persons or otherwise

Service tax abatement cannot be denied for non-inclusion of value of material provided free by service supplier

April 25, 2023 2928 Views 0 comment Print

As per Section 67 of Finance Act, 1994 only that value which is charged by the service provider to the service recipient shall be considered the gross value. Value of the material supplied by the service recipient since not charged by the service provider, cannot be included in the gross value of the service.

No section 263 revision if Assessment Order Itself turns to be Null & Void

April 25, 2023 3027 Views 0 comment Print

Once the assessment order passed itself is null and void, the same cannot be the subject matter revision under section 263 of the Act

ITAT quashes orders passed in casual manner by AO & CIT(A)

April 25, 2023 3372 Views 0 comment Print

ITAT held that both AO & CIT(A) passed orders in a very casual manner and in complete disregard to the principles of natural justice.

No section 234A interest if Return filed within Time allowed in section 153A Notice

April 25, 2023 2751 Views 0 comment Print

Limitation for default in filing of the return u/s 153A would start from expiry of time allowed by AO in notice u/s 153A and assessee filed the return within time allowed by notice u/s 153A of the Act and, therefore, there is no delay in filing return of income by assessee as provided u/s 153A. No interest is levibale u/s 234A

No addition in case of search Assessment, if no incriminating material found during search: SC

April 25, 2023 15237 Views 0 comment Print

In respect of completed/unabated assessments, no addition can be made in absence of any incriminating material found during search: SC

No Service Tax on work contract for construction of residential complexes prior to 01.07.2010

April 24, 2023 1227 Views 0 comment Print

No Service Tax could be levied on construction of residential complexes prior to 01.07.2010 even when service is rendered either as service simpliciter or as a works contract

Wheel of justice should not stop for filing of Appeal with SC if no stay been granted

April 24, 2023 1311 Views 0 comment Print

CESTAT Ahmedabad dismisses revenue’s appeal against IOCL, affirming the transaction value under Section 4(1)(a), setting a precedent for similar cases.

Exchange rate applicable will be rate on date the warehousing bill of entry was filed for putting goods in bond

April 24, 2023 4758 Views 0 comment Print

CESTAT held the exchange rate applicable will be the rate on the date the warehousing bill of entry was filed for putting goods in bond.

Jointly owned Property- Section 194IA TDS not applicable if Consideration for Property not exceeds Rs. 50 lacs

April 24, 2023 13863 Views 0 comment Print

ITAT Jodhpur exempts individual from TDS on property purchase under Rs.50 lacs, setting precedent for similar transactions.

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