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Advertisement charges paid to non-resident company cannot be considered as royalty

September 3, 2021 23844 Views 0 comment Print

Payments made by the Applicant to the Non-resident Company cannot be considered as royalty payments and hence, it does not give rise any income chargeable in India under the Indian IT Act. Held that there is no requirement to deduct TDS under Section 195 of the IT Act.

Madras High Court sets aside order questioning effectiveness of E-Proceeding facility

September 3, 2021 1407 Views 0 comment Print

DCIT Vs Salem Sree Ramavilas Chit Company Private Limited (Madras High Court)  The Deputy Commissioner of Income Tax (Appellant) has filed the current appeal against Order W.P.No.1732 of 2020. dated February 04, 2020 on the ground that the Appellant was not provided with a hearing opportunity and that the Hon’ble High Court of Madras made […]

Bail denied to Petitioner for receiving bogus tax refunds

September 3, 2021 1884 Views 0 comment Print

In Rakesh Arora v. State of Punjab [CRM-M- 1511 OF 2021 dated January 28, 2021], the current bail application has been filed by Rakesh Arora (“the Petitioner”) having been arrested under Section 132 of the Central Goods and Services Tax Act, 2017 (“CGST Act”) who is allegedly involved in creating three bogus firms for availing […]

Taxability of “Appy Fizz” to be decided by Rajasthan HC

September 3, 2021 3732 Views 1 comment Print

current petition has been filed against the notices issued by Dy. Commissioner (State Tax) Circle – Anti Evasion & Anr. (Respondent) which treated the beverage ‘Appy Fizz’ as a non-alcoholic beverage under the heading of 2202 99 90 making it liable to 18% Goods and Services Tax (GST).

Bail Application got rejected of CA charged with creating fake firms to avail credit

September 2, 2021 5035 Views 0 comment Print

This bail application filed on behalf of the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner failed to appear before the Department while notices were issued to him, secondly, even after filing of complaint before the learned Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is master mind of the crime and he has created 38 fake firms and availed ITC wrongfully to the tune of 6,36,32,492/-.

Depreciation on iPad chargeable at lower rates because it is not a computer

September 2, 2021 29979 Views 0 comment Print

Kohinoor Indian Pvt. Ltd Vs ACIT (ITAT Amritsar) M/S Kohinoor India Pvt. Ltd (Appellant) filed an appeal in the Appellate tribunal against the order dated March 14, 2017 passed by the Commissioner of Income tax (Appeals) (Respondent) in respect of assessment years 2012-13 and 2013-14, posing a question as to whether iPad falls under the […]

Sanctioned Refund cannot be considered as “erroneous”

September 2, 2021 3924 Views 0 comment Print

RNB Carbides & Ferro Alloys Private Limited Vs Commissioner of Central Excise (CESTAT Kolkata) Current appeal has been filed against Order-in-Appeal No.29/SH/CE(A)/GHY/09 dated December 18, 2009 (OIA), wherein the revenue after scrutinizing the M/s. RNB Carbides & Ferro Alloys Private Limited (Appellants) accounts book held that the Appellants had overvalued its products by including freight […]

Amount received as Reimbursement/ Discount/ Rebate from Principal Company to be taxable under GST

September 1, 2021 5403 Views 0 comment Print

♦ Whether there lies any Goods and Services Tax (GST) on the discount provided by Principal Company M/s Castrol India Ltd. (Principal Company) to its dealers through the Appellant. ♦ Whether the amount shown in the commercial credit note issued by Appellant attracts proportionate reversal of Input Tax Credit (ITC).

Non-Adherence of SCN under Section 144B invalidates Faceless Assessment

September 1, 2021 1722 Views 0 comment Print

The order rejected the submissions of the petitioner stating that burden to reconcile the data with the service tax returns was on the petitioner and holding that request for further time to be given for reconciliation is not justifiable.

Reopening of assessment valid after Inquiry suggests the Assessee is beneficiary of Accommodation Entry

September 1, 2021 636 Views 0 comment Print

Gujarat High Court observed that it cannot be said that there is no reason to believe that the income chargeable to tax has escaped assessment. The exercise of reopening has only been made after due inquiries and recording of statements of concerned persons and notice has only been issued after finding prima facie material.

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