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Archive: August, 2023

Posts in August, 2023

Mere technicalities shouldn’t thwart right to a fair hearing: CESTAT Allahabad

August 30, 2023 474 Views 0 comment Print

CESTAT Allahabad revisits delay in appeal by E L Sewedy Electrometer due to the Director’s absence abroad. Focus on re-adjudication and merits.

Procedural error leading to short payment shouldn’t result in hefty penalty for director: CESTAT

August 30, 2023 576 Views 0 comment Print

CESTAT Ahmedabad quashes penalty on Azaz Lokhandwala, Director of Schurter Electronics. No suppression of facts found as goods cleared with the right invoice.

Free Supply Items Excluded from Assessable Value in Service Tax: CESTAT

August 30, 2023 486 Views 0 comment Print

CESTAT Chandigarh rules in Ahluwalia Contracts case: Free supply items’ value isn’t included in service tax calculation. Read a detailed breakdown.

Return return accepted by Sales Tax Dept binds income-tax authorities

August 30, 2023 591 Views 0 comment Print

ITAT Chennai ruling in Aruljothi Exports vs. ACIT case establishes that Income Tax Dept cannot scrutinize sales tax returns accepted by Commercial Tax Dept. Analysis and conclusion included.

Non-Basmati White Rice (HS code 1006 30 90) Export to Bhutan, Mauritius, & Singapore

August 30, 2023 1461 Views 0 comment Print

Details on permitted export volumes of non-basmati white rice to Bhutan, Mauritius, and Singapore as per DGFT Notification No. 30/2023

Solutions for ITC Mismatch in the GST Regime

August 30, 2023 12135 Views 4 comments Print

Exploring the challenges of ITC mismatches in GST, addressing their origins, and suggesting amendments for a more streamlined GST system.

Interpreting ‘May’: Mandatory Force & Purposive Construction

August 30, 2023 2418 Views 0 comment Print

Delve into the legal nuances of interpreting ‘may’ in statutory provisions. Understand its mandatory or discretionary nature through purposive construction, ensuring justice and clarity in legal frameworks. Unravel the complexities with real-world examples and court decisions.

FAQ’s on Income Tax Form 27C

August 30, 2023 3768 Views 0 comment Print

On August 28, 2023, the Income Tax Department unveiled the most recent set of Frequently Asked Questions (FAQs) pertaining to Form 27C. As taxpayers grapple with their income tax obligations, these FAQs offer clarity and direction on how to approach Form 27C. Income Tax Department also informed that Functionality for Revision of Form 27C is now […]

Determination of Company Residential Status & POEM in India

August 30, 2023 2979 Views 0 comment Print

Dive deep into India’s criteria for determining company residency through Place of Effective Management (POEM) and its significance in business activities outside India.

Perceived Dependence on Supplier to Avail Input Tax Credit Benefit

August 30, 2023 3288 Views 0 comment Print

Understand the impact of Perceived Dependence on Supplier for Input Tax Credit (ITC) in GST. Explore Section 16(2)(c) of CGST Act, recent judgments like Aastha Enterprises, and learn precautionary measures to avoid ITC denial. Dive into ITC basics, Patna High Court’s decision, and contrasting views from other courts. Is ITC a vested right or a mere benefit? Get insights into the road ahead, challenging Section 16(2)(c), and precautionary measures for purchasing dealers. Stay informed to navigate the complexities of ITC and compliance in the evolving GST landscape.

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