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Archive: 28 October 2023

Posts in 28 October 2023

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6384 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Live Course on How to Reply to GST Notices & SCN & to Fake ITC Notices? – Last day to Register

May 15, 2024 19392 Views 0 comment Print

Join our live course to learn expert strategies for replying to GST notices, SCNs, and fake ITC notices. Understand litigation nuances, evidence insights, and practical tips for effective responses. Register now!

Post-clearance compliance of stipulations precludes denial of entitlement which is otherwise available

October 28, 2023 447 Views 0 comment Print

CESTAT Mumbai held that demand to be unsustainable as even though belatedly the appellant has availed option provided under rule 6 and reversed the relevant cenvat credit along with interest. Concluded that even post-clearance compliance of stipulations precluded denial of an entitlement available otherwise.

Reassessment unsustainable if No Tangible Link Found Between Income Assessment escaped & formation of Belief

October 28, 2023 909 Views 0 comment Print

ITAT Delhi held that reopening of assessment without any link between the tangible material and formation of belief of AO that income has escaped assessment is unsustainable and bad-in-law and hence liable to be quashed.

GST not chargeable on premium and lease rent on plots allotted to hospitals

October 28, 2023 2046 Views 0 comment Print

Allahabad High Court held that GST is not chargeable on premium and lease rent on plots allotted to hospital against lease granted for more than 30 years. Accordingly, communication demanding deposit of GST liable to be quashed.

Valuation of Fuel & Diesel Oil for Coastal Vessel Runs using ‘Residual Method

October 28, 2023 423 Views 0 comment Print

CESTAT Kolkata held that valuation of fuel oil and diesel oil used during coastal run of the vessel is to be done as per the ‘Residual Method’ prescribed under rule 9(1) of the Valuation Rules.

Section 271(1)(c) Penalty not leviable if explanation with documentary evidence not found to be false

October 28, 2023 4575 Views 0 comment Print

ITAT Kolkata held that as assessee has provided the explanation with documentary evidence and such documents have not been held as false either by AO during assessment proceedings or during penalty proceedings. Hence, penalty u/s. 271(1)(c) not leviable.

IGST Refund Approved for Telecommunication Services to FTOs

October 28, 2023 384 Views 0 comment Print

Delhi High Court held that refund of Integrated Goods and Services Tax (IGST) in respect of telecommunication services rendered to inbound subscribers of Foreign Telecom Operators (FTOs) granted.

In Section 119(2)(b) Applications PCIT should decide on Condonation, Not Merit

October 28, 2023 3690 Views 0 comment Print

Kerala High Court held that the Principal Commissioner while considering application u/s. 119(2)(b) of Income Tax Act should solely assessee the condonation in preferring the refund application. The Principal Commissioner shouldn’t assessee merit of the refund claim.

Government of India Imposes Minimum Export Price on Onions

October 28, 2023 363 Views 0 comment Print

Government of India’s Ministry of Commerce & Industry, Department of Commerce, DGFT issues Notification No.42/2023, imposing a Minimum Export Price (MEP) on onions.

Addition Unwarranted as Settlement Commission Accepted Surrendered Amount

October 28, 2023 333 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained expenditure unsustainable as impugned amount has already been surrendered by the firm and accepted by the Settlement Commission.

Income Tax Certificate of lower/no deduction of tax at source

October 28, 2023 18429 Views 1 comment Print

Explore the process of obtaining a lower or no TDS certificate in India. Learn who can apply, eligible income categories, application steps, and more.

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