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Archive: 05 May 2023

Posts in 05 May 2023

GST on Subsidized Canteen Services for Employees

May 5, 2023 5199 Views 0 comment Print

Explore the ramifications of GST on subsidized canteen services provided to employees, according to the Factories Act, 1948. Understand how recent court rulings and legal interpretations influence the tax implications of these services

CBIC invites Applications for Indirect Tax Internship Scheme

May 5, 2023 4587 Views 0 comment Print

Directorate of Legal Affairs, Central Board of Indirect Taxes and Customs is entrusted with defending all indirect taxes matters (Customs, Central Excise, Service Tax and GST) before the Hon’ble Supreme Court of India. The Directorate hereby invites applications for internship for the F.Y 2023-24.

Kerala VAT Act – SC declares rate of tax of Mosquito Mats @ 12.5% & Dettol @ 4%

May 5, 2023 810 Views 0 comment Print

It is the case of the appellant that Mosquito Mats, Coils and Vaporizers and Mortein Insect Killers shall be classifiable as insecticides under Entry 44(5) and therefore chargeable to tax at 4%.

Exemption u/s 54 available even if capital gain is invested in more than one residential houses

May 5, 2023 10527 Views 1 comment Print

ITAT Delhi held that benefit of exemption under section 54 of the Income Tax Act available even if capital gain is invested in purchasing more than one residential houses within stipulated time limit.

Borrowing funds at higher rate & lending to director shows diversion of funds for non-business purpose

May 5, 2023 1308 Views 0 comment Print

Asuda Holdings Private Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that there is a clear diversion of funds for non-business purpose as funds are borrowed @18% and lended the same to one of its directors at 13.5%. Accordingly, disallowance under section 36(1)(iii) sustained. Facts- AO observed that assessee has taken loan from M/s. Elevators […]

Extended period of limitation cannot be invoked if no suppression of facts

May 5, 2023 786 Views 0 comment Print

Fact of suppression, etc., has not been established by the Revenue to justify invoking the extended period of limitation

Addition without Considering Submissions of Assessee – ITAT restores matter

May 5, 2023 768 Views 0 comment Print

Rupa Mahesh Gandhi Vs ITO (ITAT Ahmedabad) As transpires from the orders of the authorities below, the addition to the income of the assessee on account of unexplained investment in Bombay Stock Exchange of Rs.25,21,525/- and unexplained source of payment of credit card amounting to Rs.3,45,000/- was made in the absence of any details submitted […]

CESTAT upheld rejection of refund as appellant not responded to Deficiency Memo & SCN

May 5, 2023 411 Views 0 comment Print

S.K. Enterprises Vs Commissioner of Customs (CESTAT Delhi) CESTAT observed that Though ld. Commissioner (Appeals) has discussed only one aspect of rejecting the claims i.e. time bar aspect. But it is observed that the orders of Original Authorities have been upheld by Commissioner (Appeals) resulting into merger of these orders. The perusal of Orders-in-Original is […]

Extended period not invocable if no malafide act to evade service tax

May 5, 2023 426 Views 0 comment Print

Agriculture Produce Market Committee Vs C.CGST & CEx- Gandhinagar (CESTAT Ahmedabad) The issue involved in the present case is that whether the appellant, Agriculture Produce Market Committee (APMC for short) is liable to pay service tax on the rent recovered towards renting of shops, godown, office etc. to the commission agents/ traders under the head […]

Genuineness of unsecure loan repaid via banking channel cannot be doubted based on surmises

May 5, 2023 1671 Views 0 comment Print

ITAT Delhi held that addition u/s 68 unsustainable as genuineness of transaction routed through banking channel cannot be doubted on the basis of surmises and conjectures based on suspicion and doubts.

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