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Archive: May, 2023

Posts in May, 2023

Purchase and sale of software recorded on a CD is sale/purchase of Goods: SC

May 3, 2023 3156 Views 0 comment Print

Tata Consultancy Services Vs State of Andhra Pradesh (Supreme Court of India) In this case Supreme Court examined the transactions relating to the purchase and sale of software recorded on a CD in the context of the Andhra Pradesh General Sales Tax Act. The court held the same to be goods within the meaning of […]

GST: Perils of Tax Administration with Algorithms & Recent Notices in AP

May 3, 2023 1383 Views 0 comment Print

Recently, many taxpayers in Andhra Pradesh, falling under administrative jurisdiction of State Tax authorities were issued system generated notices in Form ASMT 10 for the period 2017-18 to 2022-23

Service Tax is not payable on liquidated damages

May 3, 2023 2592 Views 0 comment Print

CESTAT Chennai held that amount received in the form of penalty amount, forfeiture of earnest money deposit and liquidated damages is not leviable to service tax.

Addition u/s 68 untenable as AO failed to conduct independent investigation

May 3, 2023 5442 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act untenable as AO failed to conduct any investigation or enquiry in respect of information submitted by the assessee. AO also failed to conduct independent investigation and simply relied on third party statements and facts.

Once appeal is adjudicated on merits, refusing to condone delay is an error

May 3, 2023 2511 Views 0 comment Print

ITAT Delhi held that if the appeal is adjudicated on merits, then, refusing to condone the delay in filing of an appeal is an error. Action of refusing to condone the delay, but, to dispose off the appeal on merit is untenable in law.

Rejection of GST refund application without granting opportunity of hearing is unsustainable

May 3, 2023 5421 Views 0 comment Print

Bombay High Court held that rejection of refund application without granting an opportunity of hearing is contrary to the proviso to Rule 92(3) of the CGST Act and hence rejection order is liable to be set aside.

Doctrine of bar of unjust enrichment not applicable as sufficiently proved that excess duty not passed on

May 3, 2023 1353 Views 0 comment Print

CESTAT Chandigarh held that once there is a sufficient evidence to prove that the excess duty paid by the assessee has not been passed on to the ultimate buyer, the doctrine of bar of unjust enrichment will not be applicable.

Govt enable certain Labour Law Provisions with effect from 03rd May, 2023

May 3, 2023 3600 Views 0 comment Print

Effecting certain provisions of the Code on Social Security, 2020 in respect of Employees’ Provident Funds & Miscellaneous Provisions Act 1952 and EPS’ 1995 vide Notification No. S.O. 2060(E) dated 3rd May 2023 with effect from 03rd day of May, 2023. Provisions effected are as follows:- (i) sub-section (3) of section 15, in so far as […]

Right of default bail u/s 167(2) of CrPC is fundamental right

May 3, 2023 23169 Views 1 comment Print

Supreme Court held that the right of default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India.

SAC code in GST

May 3, 2023 5553 Views 0 comment Print

Article explains What is SAC code in GST, Who may use SAC Codes, SAC Codes and GST rates for various services and Benefit of SAC code.

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