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GST: Cash-credit account cannot be attached by Revenue being not debt

June 10, 2023 4254 Views 0 comment Print

Calcutta HC in J. L. Enterprises v. Assistant Commissioner, State Tax held that cash-credit facility is not a debt, thus cannot be attached through provisional attachment order.

No refund if demand overlaps for the same period unless refund amount is substantiated from demand

June 9, 2023 513 Views 0 comment Print

CESTAT held that if a service tax refund request coincides with a period in which a demand has been established, taxpayer will only be eligible for a refund if demand is overturned.

Short Service tax paid can be adjusted with excess tax paid in subsequent months/quarters

June 9, 2023 1470 Views 0 comment Print

CESTAT ruled that appellant is entitled to offset underpaid service tax against excess tax paid in subsequent months/quarters, in accordance with Rule 6 (4A) of Service Tax Rules, 1994.

HC denies bail in fraud of 3 crore by Fabrication of GST Number & Firm name

June 8, 2023 3750 Views 0 comment Print

Supreme Court’s ruling in Sheetal Mittal vs. State of Rajasthan, where anticipatory bail was denied due to fabricated GST number and firm name

Bombay HC Upholds Legality of Section 13(8)(b) & Section 8(2) of IGST

June 8, 2023 4989 Views 0 comment Print

Section 13(8)(b) and Section 8(2) of IGST Act are legal, valid, and constitutional & these provisions should operate exclusively within scope of IGST Act, and cannot be applied to levy tax on services under CGST

Court refuses to entertain writ if alternate remedy available

June 6, 2023 1995 Views 0 comment Print

Madras High Court dismissed writ petition, stating that if there is an alternative remedy available, the petitioner should pursue that remedy before resorting to a writ petition.

No Section 271(1)(c) penalty leviable when income assessed shown in return

June 6, 2023 2928 Views 0 comment Print

ITAT, held that if assessee voluntarily declares income during a survey and later includes it in their regular income tax return, no penalty under Section 271(1)(c) can be imposed.

No Service Tax on Spares & Accessories Used for Free Warranty Services

June 6, 2023 1245 Views 0 comment Print

CESTAT overturned order that required payment of Service Tax on expenses incurred for spares and materials used in provision of complimentary services during warranty period.

Vehicle Expenses of vehicle used by Director Employees allowed

June 6, 2023 6663 Views 1 comment Print

ITAT Pune allows vehicle expenses for cars used by director employees as business expenses in the case of M/s. Pushpak Steel Industries Pvt. Ltd. The decision emphasizes that personal use by directors doesn’t classify as non-business use, citing relevant precedents. Gain insights into the case, the issues addressed, and the ITAT’s rationale. Stay informed on tax matters.

Movement of Capital goods between distinct person not supply

June 5, 2023 3339 Views 0 comment Print

AAAR held that transaction between two GSTINs of same person would be considered as lease transaction and accordingly taxable as supply of services in terms of Section 7 of Central Goods and Services Tax Act, 2017

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