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Transportation of goods without a valid e-way bill mandatorily attracts penalty

March 15, 2023 2037 Views 0 comment Print

Calcutta High Court held that penalty under section 129 of the West Bengal Goods and Services Tax Act, 2017 duly imposed for transportation of goods without a valid e-way bill.

Rejection of input service credit distributed by ISD on pretext that invoice doesn’t contain all particulars unjustified

March 15, 2023 1395 Views 0 comment Print

CESTAT Chennai held that input service credit when distributed by the Input Services Distributor (ISD), cannot be held as inadmissible on the pretext that such invoices did not contain all the particulars as required in terms of Rule 4A of CCR 2004.

Subsequent revisional order tends to be invalid as original re-assessment order passed invalidly

March 15, 2023 993 Views 0 comment Print

Orissa High Court held that when original re-assessment order was not passed validly, subsequent revisional order passed by PCIT is held to be invalid.

U.P. Trade Tax: Penalty proceedings initiated u/s 8(D)(6) untenable once tax liability was created on contractor

March 15, 2023 960 Views 0 comment Print

Allahabad High Court held that penalty proceedings initiated against a Government Institution for non-deduction of tax under section 8(D) of U.P. Trade Tax Act from amount payable to works contractor unsustainable as once the said contractor was assessed to tax creating tax liability on payment received from the Government Institution.

In absence of any remedy, as GST tribunal not constituted, matter of GST registration cancellation remanded for fresh decision

March 15, 2023 1641 Views 0 comment Print

Telangana High Court in the case of suo motu cancellation of GST registration due to non-filing of GST returns, remanded the matter for fresh decision as due to non-constitution of GST tribunal, petitioner is left without any remedy.

Interest on instalments refunded under IDS 2016 not payable as it was not voluntary tax payment

March 15, 2023 816 Views 0 comment Print

Jharkhand High Court held that instalments paid under Income Declaration Scheme, 2016 is allowed as refund. However, interest on the same is not payable as there was no voluntary payment of tax on self-assessment.

Revisional proceeding u/s 18 has to be concluded not beyond 5 years from original assessment order

March 15, 2023 864 Views 0 comment Print

Orissa High Court held that the suo motu revisional proceeding under section 18(1) of the Odisha Entry Tax Act, 1999 has to be concluded not beyond five years from the original order of assessment.

Mere typographical mistake without independent evidence doesn’t amount to unexplained money

March 15, 2023 708 Views 0 comment Print

ITAT Amritsar held that mere typographical mistake in mentioning the balance of capital account doesnot amount to concealment. Accordingly, addition on account of unexplained money unsustainable.

Exemption u/s 54F not admissible on failure to prove construction of residential building within prescribed time

March 15, 2023 2694 Views 0 comment Print

ITAT Bangalore held that for claiming exemption under section 54F of the Income Tax Act, the assessee is required to furnish necessary evidence proving construction of the residential building within the period as enumerated in section 54F of the Act. As assessee failed to produce the same, exemption u/s 54F not available.

Notice not to be issued as service tax along with interest paid on being pointed out

March 15, 2023 2160 Views 0 comment Print

Servocraft HR Solutions Private Limited Vs Commissioner of Central Excise and Service Tax (CESTAT Chennai) CESTAT Chennai held that Show Cause Notice ought not to be issued when the assessee has paid Service Tax along with interest on being pointed out. Accordingly, penalty imposed under section 77 and section 78 of the Finance Act, 1994 […]

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