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Cenvat allowed on steel items used in fabrication of capital goods and their accessories inside manufacturing premises

September 22, 2021 864 Views 0 comment Print

CESTAT applied the User Test to the facts in hand and held that the structural items used in the fabrication of support structures would fall within the ambit of Capital Goods as contemplated under Rule 2(a) of the Cenvat Credit Rules, hence will be entitled to the Cenvat Credit.

Rajasthan HC quashes petitions seeking tax relief on the sale of liquor

September 22, 2021 1932 Views 0 comment Print

Babu Khan Vs State of Rajasthan (Rajasthan High Court) In Babu Khan v. State of Rajasthan and Ors. there were a total of 121 Writ Petitions filed by the Liquor Vendors seeking waivers on the annual guarantee fee and tax relief for the second wave time period of COVID-19. In the case, the Petitioners contended […]

Court rejects bail plea of Ambience group’s promoter in Rs 800 crore fraud case

September 21, 2021 1116 Views 0 comment Print

In Directorate of Enforcement v. Raj Singh Gehlot [ECIR/14/HQ-STF/2019 dated September 10, 2021], Raj Singh Gehlot (the Applicant) moved a bail application for grant of regular bail but the bail plea was dismissed by Hon’ble Patiala House Court. In this case the Hon’ble Patiala House Court dismissed the bail plea of Applicant, the owner of […]

Allowed deduction of business loss including amount paid as managerial remuneration on account of it being business expenses

September 21, 2021 972 Views 0 comment Print

Universal Buildrise Private Limited Vs ITO (ITAT Delhi)  M/S. Universal Buildrise Private Limited (Appellant) filed an appeal against Order dated September 30, 2019 of the Ld. CIT(A)-9, New Delhi, relating to the Assessment Year (AY) 2016-2017. The Appellant filed its return of income declaring loss and paid taxes on book profit under Minimum Alternate Tax […]

Mere time gap between withdrawals & deposits can’t be reason for alleging undisclosed income

September 21, 2021 5481 Views 0 comment Print

Jodhpur Bench held that mere time gap between withdrawals and deposits cannot be a sole basis for rejecting the explanation of the Appellant as there was no material that amount so withdrawn had been utilized somewhere else. The Court believed that the explanation by the Appellant was reasonable and therefore, directed that the addition so made must be deleted.

No penalty if service tax been paid immediately after pointing by Auditor

September 21, 2021 2268 Views 0 comment Print

First issue is involved relates to the payment of service tax on reverse charge basis in respect of GTA services received by appellant. The appellant has paid the service tax as soon as it was pointed by the auditor and again in cash when it was pointed out that it has to be paid in cash. In these circumstances, CESTAT not find that there was any malafide on the part of the appellant. Therefore, benefit of section 80 should be extended for the appellant and penalty under section 76 and 78 are set aside. The appellant have already conceded that they are not contesting the payment of duty.

Single Bench Order w.r.t Exemption provided to contribution upto Rs. 7,500/- PM to RWA under challenge before DB

September 21, 2021 2016 Views 0 comment Print

Single Bench Order w.r.t Exemption provided to contribution upto Rs. 7,500/- PM to RWA under challenge before DB In Union of India v. M/S TVH Lumbini Square Owners Association [W.A.Nos.2318 and 2321 of 2021 dated September 09, 2021], the current appeal has been filed against the Ld. Single Judge Bench ruling provided in M/S TVH […]

Sale of carbon credits is capital receipt and not taxable

September 20, 2021 3135 Views 0 comment Print

carbon credit is not even directly linked with the power generation and the income is received by sale of the excess carbon credits. Lastly, the Court inferred that the Tribunal had rightly held that it is a capital receipt and not business income.

Cotton Stored by CCI in Warehouses taxable @ 18% GST

September 20, 2021 3819 Views 0 comment Print

The warehousing services rendered by the applicant to CCI do not fall under Entry 24B NN 21/2019 and hence are taxable at the rate of 9% under CGST and SGST eac

CESTAT allows Cenvat credit for skill competition between dealers & employees

September 19, 2021 435 Views 0 comment Print

Maruti Suzuki is in appeal against the impugned order wherein cenvat credit on event management service has been denied on the ground that the same does not cover under Rule 2(l) of the Cenvat Credit Rules, 2004 as input service.

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