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Archive: 05 May 2023

Posts in 05 May 2023

No Service Tax on Residential Projects construction services Prior to 01.07.2010

May 5, 2023 525 Views 0 comment Print

Jamals Vs Commissioner of Service Tax (CESTAT Chennai) The Learned Advocate for the appellant would submit, at the outset, that the appellant, being a developer, is engaged in the development of residential projects and the contracts entered into with its customers were in the nature of composite contract involving both service and transfer of property […]

No capital Gain Tax on Gift of Immovable Property to Sister

May 5, 2023 4008 Views 0 comment Print

From gift deed it is crystal clear that the said property was gifted by assesee to his sister out of natural love and affection and it was in this back drop that assessee claimed before CIT(A) that incidence of transfer of immovable property was not liable to tax in his hands.

No Service Tax on Foreign Agents Commission for procuring export orders

May 5, 2023 726 Views 0 comment Print

Commission paid to the overseas agents is in respect of service provided by that agent to the appellant to export its goods and thereby sales is promoted and Appellants are entitled to the benefit of exemption Notification No. 14/2004 and not liable to the payment of service tax under reverse charge.

HC admits writ petition due to non availability of GSTAT

May 5, 2023 600 Views 0 comment Print

In view of non-availability of GST appellate forum against impugned order of appellate authority, writ petition is entertained by HC

Job work on per piece basis cannot be treated as Manpower Supply Service

May 5, 2023 2181 Views 0 comment Print

Appellants claimed that services provided by them not qualify as Manpower Supply Service’as it was a contract for job work on per piece basis

Mere 13 hours to file Reply to SCN violates principles of natural justice: HC

May 5, 2023 909 Views 0 comment Print

SCN was issued on 27.03.2023 at 9.10.33 p.m. and petitioner was given 13 hours time to reply, which violates principles of natural justice

Appeal not maintainable if necessary interested parties not been impleaded as respondents

May 5, 2023 537 Views 0 comment Print

The necessary interested parties had not been impleaded as respondents in these four appeals. In view of the request made by learned counsel for the appellants time was granted to move appropriate applications for impleading the remaining interested parties as respondents in the four appeals.

If calculation basis is wrong than is no way, such figures & calculation can be upheld

May 5, 2023 528 Views 0 comment Print

When the very basis of the calculation is wrong, we find that there is no way, such figures and calculation can be upheld.

Assessee can discharge duty by utilizing Cenvat Credit – Rule 8 (3A) is ultra vires

May 5, 2023 684 Views 0 comment Print

Words ‘without utilizing Cenvat Credit’ in Rule 8(3A) are ultra vires which means that assessee can discharge duty by utilizing Cenvat Credit.

No section 68 addition for share allotment on premium by book adjustment

May 5, 2023 576 Views 0 comment Print

If no cash is involved , section 68 of the Act treating as share capital/share premium as unexplained cash credit is wrong as transaction of allotment of shares by way of book adjustment and provisions of section 68 of the Act are not attracted.

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