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Archive: 06 August 2023

Posts in 06 August 2023

From Dreams to Reality: The Promising Benefits of Stand Up India Scheme for Women Entrepreneurs

August 6, 2023 1239 Views 0 comment Print

This article will explore the different aspects of the Stand-up India Scheme and highlight how businessmen can benefit from this transformative government initiative.

Unveiling the Benefits of Government Schemes for New Project Financing through Banks – A Comprehensive Guide

August 6, 2023 2043 Views 0 comment Print

This article aims to provide a detailed insight into how entrepreneurs can leverage these government schemes through banks to secure funding for their innovative ventures.

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 1677 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

Charge of Clandestine manufacture & removal without corroborate evidence unsustainable

August 6, 2023 549 Views 0 comment Print

CESTAT Kolkata held that charge of clandestine removal of goods without sufficient, cogent and tangible evidence is unsustainable. In the present case, the Revenue has not brought in any evidence to corroborate the allegation that the Appellant were the actual manufacturers of the cigarettes. Accordingly, demand unsustainable.

Compensation payment out of sale proceeds explained with documentary evidence allowed

August 6, 2023 963 Views 0 comment Print

ITAT Kolkata held that compensation paid out of sale proceeds to various parties is duly explained by the assessee with documentary evidences. Accordingly, addition towards compensation paid deleted.

Service Tax exempt on Commission Earned from Services to Foreign Entities

August 6, 2023 1602 Views 0 comment Print

CESTAT Delhi held that commission earned on services provided to foreign entity for products sold in India is ‘export of service’ and accordingly exempt from service tax.

Availment of CENVAT Credit doesn’t depend on location of service provider

August 6, 2023 846 Views 0 comment Print

CESTAT Ahmedabad held that location from where the service is provided is immaterial for availing the Cenvat credit on input services.

ERP Implementation Taxable as ‘Information Technology Service’ from 16.05.2008

August 6, 2023 498 Views 0 comment Print

CESTAT Chennai held that service of ERP implementation falls under the category of ‘Information Technology Service’ and the same is taxable only with effect from 16.05.2008. Accordingly, such services received from abroad is leviable to service tax on reverse charge only from 16.05.2008.

Ash Transportation and Disposal activity Not classifiable as ‘Cleaning Services’

August 6, 2023 540 Views 0 comment Print

CESTAT Chandigarh held that activity of transportation and disposal of ash cannot be classified under taxable category of ‘Cleaning Services’. Accordingly, demand of service tax unsustainable.

Section 263 Not Invocable as Plausible View on Service Tax Return & ITR Difference taken by AO

August 6, 2023 381 Views 0 comment Print

ITAT Mumbai held that invocation of section 263 alleging difference in the receipt as per service tax return and ITR filed unsustainable as AO after making an enquiry on this issue has taken one of the plausible view and has not made addition on the difference amount.

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