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Archive: 19 July 2023

Posts in 19 July 2023

No Service tax on incentives received by travel agents from airlines or CRS companies

July 19, 2023 3048 Views 0 comment Print

HC held that Performance linked bonus (PLB) and Computer reservation service (CRS) fees received by airline agents are not subject to service tax under the category of ‘Business Auxiliary Services’ (BAS).

Madras HC upheld rejection of stay order by DCIT as petitioner filed stay application with CIT

July 19, 2023 1068 Views 0 comment Print

A comprehensive breakdown of the Doosan vs DCIT case, in which the Madras High Court upheld the DCIT’s rejection of a stay order.

Department cannot invoke extended period without proving suppression of fact

July 19, 2023 1476 Views 0 comment Print

CESTAT held that assessee had not suppressed any facts and thus, extended period of limitation cannot be invoked and willful suppression of facts is essential to invoke the extended period of limitation

HC Directs Consideration of Refund Applications under Customs Act, 1962 (Section 27 & 27A)

July 19, 2023 825 Views 0 comment Print

The Madras High Court has quashed an order rejecting the refund application of SIBCO Overseas Pvt Ltd under Section 27A of the Customs Act, directing a fresh hearing.

Mismatch in Form 26AS and ITR: ITAT Directs Re-adjudication

July 19, 2023 10518 Views 0 comment Print

In the recent case of Sandhya Agarwal Vs ACIT, ITAT Kolkata orders re-adjudication due to a mismatch between contract receipts in Form 26AS and Income Tax Return.

Bogus Purchase – Sales turnover cannot be achieved without purchasing materials

July 19, 2023 6696 Views 0 comment Print

Explore the intricate details and implications of the ITAT Mumbai ruling in the ITO vs Mayur R. Kamdar case. Delve into the tax implications of alleged bogus purchases and understand how this landmark case has unfolded.

Unsustainable Demand: Cenvat Credit Reversed on Exempted Services

July 19, 2023 951 Views 0 comment Print

An insightful analysis of the CESTAT Ahmedabad’s ruling in Magnam Netlink Pvt. Ltd. Vs C.C.E. & S.T case, emphasizing the legality of cenvat credit reversal on exempted services like “Trading”.

GST & Anti-Fraud Departments cannot issue notices to lawyers of alleged tax evaders

July 19, 2023 16488 Views 0 comment Print

The Calcutta High Court has ruled that the GST and Anti-Fraud departments cannot send notices to advocates of individuals accused of tax evasion, emphasizing the privileged communication between clients and their legal advisors.

Lead Acid Batteries can’t be treated as uncharged for valuation in absence of Evidence

July 19, 2023 462 Views 0 comment Print

The case at hand pertains to the valuation of Lead Acid Batteries and the determination of whether these should be valued under Section 4 or Section 4A of the Central Excise Act, 1944. The core question revolves around the charging status of the batteries and where the charging occurs.

Penalty Proceedings cannot be Challenged before Formal Order: ITAT Delhi

July 19, 2023 882 Views 0 comment Print

Delhi ITAT dismisses appeal in Tekchand Vs ITO case, stating that penalty proceedings cannot be contested unless a formal order is issued. Read the complete analysis here.

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