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Whole of service rendered and consumed outside India is not leviable to service tax

June 18, 2023 1491 Views 0 comment Print

CESTAT Ahmedabad rules services rendered and consumed outside India are beyond taxable territory under the Finance Act, 1994, exempting Aegis Ltd. from service tax on consulting engineering services to a US client.

EOU clearing input to DTA after availing benefit of notification 52/2003-CUS has to pay duty by cash only

June 18, 2023 435 Views 0 comment Print

CESTAT Hyderabad held that when EOU procures inputs by availing benefit of notification no. 52/2003-CUS, while clearing such inputs to DTA, EOU is required to pay duty only by way of cash.

Penalty u/s 271B for non-filing of tax audit report not leviable if sufficient cause shown

June 17, 2023 5667 Views 0 comment Print

ITAT Amritsar held that non-filing of tax audit report due to technical glitch is the reasonable cause shown. Accordingly, penalty under section 271B of the Income Tax Act not leviable for such non-filing of tax audit report.

Penalty u/s 271B not leviable as turnover is below exemption limit prescribed u/s 44AB

June 17, 2023 1572 Views 0 comment Print

ITAT Kolkata held that penalty under section 271B of the Income Tax Act not leviable as turnover of the assessee is less than INR 1 Crore. Accordingly, the assessee is outside the purview of section 44AB of the Income Tax Act.

Suit by representative of Trust in terms of Trust Deed is maintainable

June 17, 2023 4068 Views 0 comment Print

Madras High Court held that the suit can be maintained by a representative of the Trust in terms of the Trust Deed for and on behalf of the Trust.

Merely filing of chargesheet cannot defeat grant of default bail u/s 167(2) of Cr. P.C.

June 17, 2023 11289 Views 0 comment Print

Delhi High Court held that if the investigation is not completed then merely because the report has been filed, the right of statutory bail cannot be defeated. Merely filing of chargesheet, whether incomplete or piecemeal, cannot defeat the basic purpose of section 167(2) of Cr. P.C.

Initiation of reassessment proceedings u/s 148 for verification of claim is unsustainable

June 17, 2023 3366 Views 0 comment Print

ITAT Kolkata held that initiation of reassessment proceeding under section 148 of the Income Tax Act for the purpose of mere verification of the claim is unsustainable in law.

Direction of absolute confiscation and re-export on payment of redemption fine is meritless

June 17, 2023 1563 Views 0 comment Print

CESTAT Bangalore held that order of the lower authorities directing absolute confiscation and allowing redemption solely to re-export on payment of redemption fine and penalty is without any merit.

Excess tax paid is adjustable in subsequent months in terms of rule 6(4A) of Service Tax Rules

June 17, 2023 2256 Views 0 comment Print

CESTAT Ahmedabad held that excess tax paid is adjustable in terms of rule 6(4A) of the Service Tax Rules, 1994 against tax liability arising in subsequent months.

Highseas Sale is non-speculative transaction as there is proper delivery of goods

June 17, 2023 573 Views 0 comment Print

ITAT Amritsar held that high seas sale transaction cannot be treated as speculative transaction as entire transaction is going through by proper delivery of the goods during purchase and the documents are provided for evidence of delivery of goods.

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