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Interest Paid on Belated Service Tax Payments is Allowable under section 37(1)

December 19, 2022 2445 Views 0 comment Print

ITAT held that the interest paid on belated payments of service tax is allowable for deduction under Section 37(1) of the Income Tax Act, 1961

Administering of COVID-19 vaccine by hospitals is a composite supply & liable for GST at 5%

December 19, 2022 2349 Views 0 comment Print

AAR held that the administration of COVID – 19 vaccine is not an exempted supply as it is not covered under the definition of ‘healthcare services’. Further held that, it is a composite supply wherein the principal supply is the ‘sale of vaccine’ and the ancillary supply is the service of ‘administering of vaccine’ and liable to GST.

Personal savings of a government employee cannot be suspected for several years

December 17, 2022 2049 Views 0 comment Print

ITAT in Piyushbhai Mangalbhai Patel Vs ITO has deleted the addition of Rs. 12,70,000/- observing that personal savings of government employees could not be suspected for several years.

Housing Board established by the government is a ‘Government Authority’

December 16, 2022 4152 Views 0 comment Print

Whether the Rajasthan Housing Board is covered under the definition of Governmental Authority as defined in clause (zf) Paragraph 2 vide notification no. 12/2017-Central Tax (Rate) dated 28.06.2017?

Non-mentioning of DIN will invalidate revision order for violation of procedure as per CBDT’s Circular

December 15, 2022 1518 Views 0 comment Print

ITAT held that non- mentioning of Document Identification Number (DIN) as per instruction of CBDT in Circular No.19/2019 dated 14.08.2019 invalidates revision order for violation of procedure.

Payment received from Freight/Logistic Support Service cannot be treated as Royalty

December 15, 2022 1593 Views 0 comment Print

ITAT held that payment received in India for providing logistics support services cannot be treated as royalty under Section 9(1)(vi) or fees for technical services under section 9(1)(vii) of Income Tax Act, 1961

TDS credit cannot be denied on the ground of Technical/Typographical errors

December 13, 2022 2448 Views 1 comment Print

ITAT held that credit of bona fide assessee cannot be denied in case where assessee committed technical/typographical error during return filing.

Self-assessment of tax liability during Audit before June 30, 2019 can be considerd as Quantification’ under SVLDR Scheme, 2019

December 13, 2022 1026 Views 0 comment Print

HC held that benefit under SVLDR Scheme could not be denied on the ground that the quantification required to be done under SVLDR Scheme is actually self-assessment done during duration of Audit.

Credit of service tax cannot be denied on the ground of ‘no nexus with output services’

December 13, 2022 1650 Views 0 comment Print

In the instant case, the view of the Authority to reject the credit on the ground of ‘no nexus’ could have been done only by taking recourse to Rule 14 of CCR. In the present case, since the Authority has rejected the credit solely on the ground of ‘no nexus’ which legally does not sustain.

Walltop computer is classifiable under tariff heading 84714190 as ‘automatic data processing machine’

December 12, 2022 1536 Views 0 comment Print

AAR held that, a walltop computer is neither a micro-computer nor a large computer and to be classified as an automatic data processing unit covered under Customs Tariff heading 8471 41 90.

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