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

September 3, 2021 3912 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 5182 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 32823 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 4092 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 5652 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 1767 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 648 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.

Delhi HC: IT Software should have been tested before it is launched

September 1, 2021 1317 Views 1 comment Print

Delhi HC: IT Software should have been tested prior in time on a sufficiently large sample base of assessees before it is launched for public at large In Krishan Agarwal Vs. PCIT  [W.P.(C) 3459/2021 & C.M.No.10489/2021, W.P.(C) 8371/2021& C.M.No.25917/2021, W.P.(C) 5513/2021, W.P.(C) 5583/2021 & CM APPL. 17357/2021 dated August 27, 2021],  the Hon’ble Delhi High […]

Tripura HC directed revenue to release vehicle detained due to expiry of E-way bill due to unforeseen circumstances

September 1, 2021 1491 Views 0 comment Print

Tripura High Court directed the Respondents to release the transport vehicle and machinery upon the Petitioner filing an undertaking that, if any tax or penalty liability is crystallized upon final assessment, the Petitioner shall deposit the same with the Government revenue.

SC dismissed SLP citing an alternative remedy of Appeal against Assessment Order

September 1, 2021 3894 Views 0 comment Print

Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) as alternative remedy of appeal against the Assessment order is available with the Petitioner.

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