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Sale deed of immovable property Without Payment of Price Is Void: SC

November 22, 2021 27426 Views 0 comment Print

Kewal Krishan Vs Rajesh Kumar And Ors. Etc. (Supreme Court) Payment of price is an essential part of a sale, thus sale deed executed without payment of price is void: Supreme Court In Kewal Krishan v. Rajesh Kumar & Ors. Etc. [Civil Appeal Nos. 6989-6992 of 2021 arising out of S.L.P. (C) Nos. 2033-2036 of […]

No Service Tax payable on providing Consulting Engineer Services in matter of Road Construction: CESTAT

November 20, 2021 5547 Views 0 comment Print

CESTAT held that when road construction is exempt, every activity related to the road construction is exempt including consulting engineer services, thus, the assessee providing consulting engineer services in the matter of road construction is entitled to get exemption under Sl. No. 13(a) of the Notification No. 25/2012-Service Tax dated June 20, 2012

Karnataka HC allows Income Tax deduction of loss due to Foreign Exchange Rate Fluctuation

November 20, 2021 1698 Views 0 comment Print

It was observed, that the interest paid on the loans was allowed by the AO himself as a deduction, however, no loss in connection thereto was allowed. The action of the AO accepting the Foreign Exchange but disallowing the loss appears to be erroneous.

HC: Sets aside clarificatory circular taking away assesse’s substantive right by denying exemption on fish meal

November 20, 2021 2853 Views 0 comment Print

Department contended that the Petitioner is a manufacturer of fish meal which is also used as a raw material for the purpose of making taxable goods namely, cattle/poultry/aquatic feed and does not fall under the ambit of Goods Exemption Notification.

Separate GST registration not required for selling goods directly from port of import before clearing it for home consumption

November 17, 2021 4575 Views 0 comment Print

Maharashtra Authority for Advance Ruling (MAAR) held that in a case where imported goods are sold and delivered directly from Container Freight Station (CFS) / Direct Port Delivery (DPD) to a state different from the state where assessee is registered, the assessee need not take a separate registration in that state.

Pass Reasoned order against accused taxpayer involved in passing on fake ITC: HC

November 17, 2021 1707 Views 0 comment Print

HC held that in a case where assessee is accused of passing on fake Input Tax Credit (ITC) without actual moment of goods, a reasoned order must be passed by Joint Commissioner of State Tax, after acknowledging all the relevant material and contentions that the assessee may produce to satisfy the authorities.

CESTAT Quashed Service tax demand on movie exhibitor under BSS category

November 17, 2021 1863 Views 0 comment Print

Hyderabad CESTAT held that service of providing exhibition of movies by the exhibitor to the producers/distributors of such movies is not a support or assistance activity but is an activity on its own accord, therefore does not fall under the category of Business Support Service (BSS) as per Section 73(1A) of the Finance Act, 1994 (the Finance Act).

Mere failure to pay Excise Duty not sufficient to attract extended Period of Limitation: CESTAT

November 16, 2021 2052 Views 0 comment Print

CESTAT Delhi held that mere failure to pay Excise Duty, not due to fraud or wilful misstatement is not sufficient to attract the extended period of limitation and the Central Excise Officer should have issued notice within one year from the relevant date.

Deleted addition of value of goods deemed to be supplied in execution of works contract services in trading turnover

November 15, 2021 1563 Views 0 comment Print

Deify Infrastructures Limited Vs Commissioner of Central Tax, Central Excise & Customs (CESTAT Delhi) The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Delhi (“CESTAT”) in the matter of M/s. Deify Infrastructures Limited v. Commissioner of Central Tax, Central Excise & Customs [Final Order No. 51927/2021 dated October 27, 2021], held that the value of […]

Rental income from sub-lease shall be considered as Business Income since same was business of assessee

November 13, 2021 9681 Views 0 comment Print

Shanthilal Movji Bhai Thakker Vs ITO (ITAT Chennai) ITAT held that rental income from sub-lease shall be considered as business income as the assesee was engaged in business of real estate development and the property in question was sub-leased in furtherance of their business. Shri Shanthilal Movji Bhai Thakker (“the Appellant”) aggrieved by the order […]

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