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Court refuses to entertain writ if alternate remedy available

June 6, 2023 2016 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 2952 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 1314 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 6885 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 3435 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

Services rendered to holding company under an agreement does not make service provider an intermediary

June 3, 2023 2499 Views 0 comment Print

HC ruled that provision of services by taxpayer to its holding company, as per terms of an agreement, does not categorize service provider as an intermediary.

Utttar Pradesh Jal Nigam is not a Local authority; 18% GST applicable on works contract services

June 2, 2023 4071 Views 0 comment Print

AAAR held that, the assessee providing works contract services to Uttar Pradesh Jal Nigam, a government authority, would be liable to pay GST @ 18%.

No excise duty demand on differential value of stock of finished or semi-finished goods

June 1, 2023 1299 Views 0 comment Print

CESTAT overturned the decision to demand excise duty based on the differential quantity of goods as per the ER-1 returns and the audited books of accounts. The tribunal determined that the discrepancy between the values mentioned in the RG-1 and the physical stock statement provided by the assessee was inherently inaccurate, as both values were estimated.

File GST Registration Revocation Application as per CBIC Notification: HC

May 31, 2023 1632 Views 0 comment Print

HC direct appellant to file application for revocation of cancellation of GST registration within the specified time under Section 30 of the CGST Act in terms of specific procedure notified vide Notification dated 31.03.2023

Power of reopening an assessment is a ‘power’ which should be exercised with adequate reason

May 30, 2023 1497 Views 0 comment Print

HC set aside SCN issued under Section 148A(b) & consequential orders on the grounds that the opportunity of being heard provided at first instance should be an effective opportunity, since, the power of reopening an assessment is a ‘power’ which should be exercised with adequate reason.

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