Follow Us:

No Service Tax can be levied on take-away/parcel food from restaurants

February 21, 2023 4041 Views 0 comment Print

HC Held that, no Service Tax can be levied on the activity of take-away of food items as it would amount to sale of goods wherein, element of service such as dining facility, washing area and clearing of the tables are not involved.

Minor discrepancy in the e-way bill would not attract penalty proceedings

February 21, 2023 3774 Views 0 comment Print

HC Held that, minor discrepancy in mentioning registration number of vehicle in e-way bill would not attract proceedings for penalty under Section 129 of CGST Act

Mere change of opinion cannot be a ground for reopening of assessment

February 21, 2023 1728 Views 0 comment Print

Revenue Department had neither sought any new information nor made a reference to new material on record. Held that, a change in opinion that does not satisfy the jurisdictional foundation under Section 147 of the IT Act.

Penalty order cannot be passed without serving SCN

February 18, 2023 2022 Views 0 comment Print

HC set aside penalty order passed by the Revenue Department on ground that order was passed in violation of principles of natural justice. Assessee was not afforded full opportunity to contest allegations against it. Set aside penalty order.

GST Registration cannot be cancelled when reply to SCN is not considered

February 18, 2023 1053 Views 0 comment Print

HC set aside the order for cancellation of GST Registration of the assessee passed by the Revenue Department on the ground that the order is not sustainable as the reply to SCN furnished by assessee was not taken into consideration by Revenue Department, directed the Revenue Department to restore the GST Registration of the assessee.

No tax on share premium when issued to Venture Capital Fund

February 18, 2023 936 Views 0 comment Print

ITAT held that no tax would be levied on issue of shares to venture capital fund and further upheld observation of CIT(A) that, payment for valuation certification and retainership fees to a CA  firm is a revenue expenditure.

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1458 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

No TDS liability on income received on non-technical services outsourced to foreign company

February 17, 2023 1980 Views 0 comment Print

HC held that, pay roll related services outsourced to foreign company would be treated as business income earned by foreign company and not a technical service therefore, would not be liable for TDS

Refund claims cannot be considered as dubious on the basis of erroneous findings

February 17, 2023 1446 Views 0 comment Print

Mahajan Fabrics Pvt Ltd Vs Commissioner CGST And Ors (Delhi High Court) The Hon’ble Delhi High Court in M/s. Mahajan Fabrics Pvt. Ltd. v. Commissioner, CGST and Ors. [W.P. (C) 6727/2022 dated February 6, 2023] has set aside the order passed by the Appellate Authority, disallowing the refund claimed by the assessee. Held that, the […]

Demand not sustainable when Service Tax is already paid prior to its levy

February 16, 2023 1902 Views 0 comment Print

CESTAT held that, SCN under Section 73(3) of CGST Ac was issued after Service Tax amount was paid by assessee, thus, demand for tax is not sustainable

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031