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Indivisible composite works contracts not chargeable to Service tax prior to June 2007

August 23, 2022 1455 Views 1 comment Print

Whether Service Tax could be levied on Composite Works Contracts prior to the introduction of the Finance Act, by which the Finance Act, 1994 amended to introduce Section 65(105)(zzzza) pertaining to Works Contract Service.?

Utilisation of ITC excise duty with output tax is payment for Section 43B of IT Act

August 22, 2022 672 Views 0 comment Print

HC held that when assessee adjusted excise duty payable on closing stock of finished goods with available input credit and paid remaining amount after said adjustment, would tantamount to actual payment and no disallowance could be made under section 43B of Income-tax Act, 1961

18% GST leviable on Interactive Flat Panel Screens if used for data processing purposes only

August 17, 2022 9897 Views 0 comment Print

AAR held that, Interactive Flat Panel Screens used only for data processing purposes will attract GST rate of 18% and in case the same provides any additional function, GST at 28% will be attracted.

Recording statement of accused is necessary pre-condition, before initiating proceedings for evasion of custom duty

August 16, 2022 957 Views 0 comment Print

Magistrate without examining any witnesses cannot take cognizance on complaint lodged by complainant and issue summons to accused.

GST Transitional Credit: SC allows any aggrieved registered assessee

August 16, 2022 1053 Views 0 comment Print

SC in case of Filco Trade Centre Pvt. Ltd. allowed ‘any aggrieved registered assessee’ to file a form seeking Transitional credit or revision thereof

Excise duty cannot be demanded for clandestine removal based on third party evidence

August 13, 2022 441 Views 0 comment Print

CESTAT held that there shall be consonance between allegation levelled by Revenue and the records presented against the taxpayer. Further held that the allegation cannot be justified in absence of any admission from the assessee against the alleged clandestine transaction. Moreover, third party records and statement by Director of the Company cannot be used against the assessee for non-joinder of the parties.

Waiver of pre-deposit is not tenable on account of financial inability

August 12, 2022 2274 Views 0 comment Print

Whether wavering of pre-deposit on the grounds of Section 129E of the Customs Act, 1962 existing prior to August 06, 2014 is feasible?

GST rate depends on nature of activity performed & not on form of agreement

August 12, 2022 2049 Views 0 comment Print

The form of the agreement is not important, but its nature/ substance has to be seen to arrive at the correct conclusions. The clear-cut demarcation of activities to each cost center demonstrates the intention of the contracting parties that each cost center is independent supply center undertaking either the supply of goods or supply of services.

Amusement Park ride karts cannot be classified as Motor Vehicle

August 12, 2022 4323 Views 0 comment Print

Amusement park ride karts cannot be classified as Motor Vehicle & will attract GST @ 18% under HSN 9503 of Customs Tariff Act: AAR Karnataka

Cenvat Credit on input services allowed if used in the course of furtherance of business

August 10, 2022 1113 Views 0 comment Print

CESTAT set aside demand of service tax on refundable security deposit on the grounds that security deposit is refundable deposit and it cannot be included in the value of taxable service.

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