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ITC not allowable on expired cakes & pastries & needs to be reversed

September 14, 2021 3939 Views 0 comment Print

Act of throwing away expired cakes and pastries is similar to destroying the expired food products, for the Applicant destroys by throwing them away, ITC on inputs used in manufacturing expired cakes and pastries is not admissible and required to be reversed.

Karnataka HC: Swiggy’s payment made during investigation is not considered as ascertained tax, refund of same allowed

September 14, 2021 7335 Views 0 comment Print

Bundl Technologies Private Limited Vs Union of India (Karnataka High Court) Karnataka HC: Swiggy’s payment made during investigation is not considered as ascertained tax, refund of same allowed Honorable Karnataka High Court (Karnataka HC) in the matter of M/S. Bundl Technologies Private Limited v. Union of India [WP 4467/2021 (T-RES) dated September 14, 2021], held […]

ITAT deletes addition of Gift received by Actor Kushal Tandon from his Father

September 11, 2021 1623 Views 0 comment Print

As both the financial statement of Shri. Virendra Tandon (Father) for the Assessment Year 2014-15, as well as his admission in the ‘gift deed’, dated July 21, 2013 along with a mention of the source of the gift transaction in question, that is, accumulated savings of the past, as were filed by the assesse with the A.O in the course of the assessment proceedings, therein, clearly sufficed to discharge the primary onus that was cast upon him to prove the ‘nature’ and ‘source’ of the cash credit in his books of accounts. Hence, the ITAT deletes addition of Rupees. 30 Lacs received by Actor Kushal Tandon as a gift from his Father.

No Penalty on grounds of being contrary to Principles of Natural Justice

September 11, 2021 1137 Views 0 comment Print

Appellant contended that he had obtained the authorization required in Regulation 11 (a) of the CBLR, 2013 but did not meet the importer directly instead had obtained it from a middleman. The Appellant contended that all the documentation along with the bill of entry were proper and legitimate.

ITAT quashes Rs 57 lakh fine on Preity Zinta

September 11, 2021 990 Views 0 comment Print

Examining the present case on the anvil of aforesaid case law, we find that the notice in this also is an omnibus show-cause notice as it does not strike off/delete the inappropriate/irrelevant/not applicable portion. Such a generic notice betrays a non-application of mind. Hence, the penalty levied pursuant to such a notice is not legally sustainable in law.

Application of Principal User Test is important to classify Relays under Railways Signaling Equipment

September 11, 2021 1167 Views 0 comment Print

Current appeal has been filed discussing the taxability of ‘Relays’, which is used as a part of Railway Signalling System. Westinghouse Saxby Farmer Ltd (Appellant) has come in the Court aggrieved by the dismissal of appeal challenging the same by the Hon’ble CESTAT, Kolkata vide order dated March 26, 2008.

Kerala HC: No requirement of E-Way Bill for transportation of ‘Used Personal Vehicle’

September 10, 2021 3609 Views 0 comment Print

Goods that are classifiable as used personal and household effect falls under Rule 138 (14) (a) of the Kerala Goods and Services Tax Rules, 2017 and are exempted from the requirement of e-way bill.

No service tax on Income Tax TDS portion paid by recipient

September 10, 2021 3558 Views 0 comment Print

It was categorically stated that when the TDS amount has been borne by the assessee and only the consideration for the services as agreed upon by the parties has been paid to the service provider, the TDS amount  cannot be included in the taxable value for determining the Service Tax liability

Madras HC issues Non-Bailable Warrants on failure to pay Entry Tax

September 10, 2021 519 Views 0 comment Print

Grandhe Construction Private Limited Vs Government of Tamilnadu (Madras High Court) The Madras High Court vide an order returnable on September 06, 2021 issued a Non-Bailable warrant against Grandhe Construction Private Limited (Petitioner No. 1) and Sri Murugan Earth Movers (Petitioner No. 2) in lieu of their Writ Petitions Nos. 26205 to 26207 of 2008. […]

Kerala HC: No cancellation of GST registration in absence of proper enquiry by GST Authority

September 10, 2021 1851 Views 0 comment Print

In FR TRADE LINKS v. STATE TAX OFFICER [WP(C) NO. 28917 OF 2020 dated August 05, 2021], FR Trade Links (Petitioner) filed Writ Petition at the Hon’ble Kerala High Court challenging the orders cancelling his certificate of registration under the CGST/SGST Act and rejection of his application for revocation of cancellation of registration certificate. The […]

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