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Archive: 29 September 2023

Posts in 29 September 2023

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 954 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

PCA not liable to pay service tax under the heading “Club or Association Service”

September 29, 2023 423 Views 0 comment Print

In absence of evidence and PCA’s registration under Society Registration Act, tribunal found that PCA was not liable to pay service tax under Club or Association Service.

Excise Duty Refund Cannot Be Withheld by mere appeal filing Without Higher Court Stay

September 29, 2023 504 Views 0 comment Print

Analysis of Indian Oil Corporation Ltd vs CCEST case where issue of excise duty refund and applicability of limitation under section 11B were discussed. Learn more.

No Service Tax Under BAS on Compression of Natural Gas Classified as Manufacturing

September 29, 2023 342 Views 0 comment Print

Discover CESTAT Ahmedabad’s ruling on service tax for compression of natural gas as manufacturing activity. Learn about the case and its implications.

Kerala HC Allows Instalment Payment of KVAT Dues Due to Financial Constraints

September 29, 2023 264 Views 0 comment Print

Read how Kerala High Court granted instalment payment for balance tax under KVAT Act due to financial incapacity in the Pyramid Architects case.

ICAI Notifications: New Branches and Detachments, Sept 2023

September 29, 2023 861 Views 0 comment Print

ICAI issued 5 notifications on Sep 29, 2023, announcing establishment and detachment of branches within its regional councils. Learn more about these changes.

AO’s Lack of Independent Inquiry Invalidates Unexplained Investment addition

September 29, 2023 498 Views 0 comment Print

Analysis of ACIT Vs Karsan Bhai Khimabhai Patel case where AO’s lack of independent inquiry invalidated unexplained investment addition. Learn more about ruling.

Issue requiring detailed analysis cannot be decided by rectifying original order

September 29, 2023 3561 Views 0 comment Print

Rectification of order was not made only on apparent error but issue in rectification of order was mixed question of law and fact that on which date service tax is leviable even Cenvat credit issue also involve a detailed scrutiny.

Consideration paid for testing ability of candidates doesn’t qualify as royalty hence TDS not deductible

September 29, 2023 363 Views 0 comment Print

ITAT Delhi held that consideration paid for testing the ability of candidates do not fall within the purview of royalty under Article 13 of India-UK DTAA. Hence, there is no obligation withholding of tax u/s 195 of the Income Tax Act.

VAT Challan Missing Bill of Entry: No Basis for Denying SAD Refund

September 29, 2023 258 Views 0 comment Print

CESTAT Bangalore quashes appeal, permitting the refund of 4% Special Additional Duty (SAD) on imported goods without the need for VAT Challans to show the Bill of Entry.

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