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No service tax on amount paid to employees deployed from a company outside India

July 25, 2021 3828 Views 0 comment Print

Under the GST regime services of employee to employer is considered as neither supply of goods nor supply of services as per the Schedule III of the Central Goods and Services Tax Act, 2017

Delhi HC directed to hold final order w.r.t. reopening of old assessments of pre-GST period

July 25, 2021 2781 Views 0 comment Print

The Hon’ble High Court, Delhi directed that proceedings pursuant to the SCN and Impugned summons shall continue but the final orders shall not be given effect to till disposal of the writ petition. Listed the case on August 9, 2020 for next hearing.

HC’s judgment to prevail over CBIC Circular in case of contrary views

July 23, 2021 2637 Views 0 comment Print

It is the settled law that when both board’s circular and the judgment of Court of law is prevailing and the judgment has contrary view than to the board circular in such case the Court’s judgment will prevail over the board circular.

Pre-Show Cause Notice consultation mandatory before issuance of SCN

July 23, 2021 10599 Views 0 comment Print

Further, stated that illusionary pre-show cause consultation notice is not only arbitrary, but is in utter disregard and in contravention of the very object and purpose of the above Master Circular.

Refund cannot be denied on account of procedural lapse

July 23, 2021 5991 Views 0 comment Print

Appellant availed credit on the Service tax paid and applied for refund under Rule 5 of the CENVAT Credit Rules, 2004 (CENVAT Credit Rules) for the period July, 2013 to September, 2013.

CSR expenses incurred to make donations to Trusts eligible for deduction

July 22, 2021 14910 Views 0 comment Print

JMS Mining Pvt. Ltd. Vs PCIT (ITAT Kolkata) Current appeal has been filed against the order dated March 30, 2021 (Impugned order) passed by Ld. Principal Commissioner of Income-tax (Respondent) under Section 263 of Income Tax Act, 1961 (IT Act). It is challenged on the ground of the invocation of jurisdiction by the Respondent without […]

Professional charges incurred during company acquisition cannot be treated as revenue expenses

July 22, 2021 6024 Views 0 comment Print

M/s Steer Engineering Pvt. Ltd. Vs Addl. CIT (ITAT Bangalore) M/s. Steer Engineering Pvt. Ltd. (Appellant) acquired the business of two companies namely Concord United Products Pvt. Ltd., and M/s. Aditya Precision Deposition Moulding Pvt. Ltd. and incurred Rs.1,20,820/- as professional fees for drafting business transfer agreements and legal opinions. The Appellant claimed it as […]

Section 11 exemption cannot be denied for providing hostel facilities to staff & students

July 22, 2021 3429 Views 0 comment Print

Durga Charitable Society Vs JCIT  (ITAT Delhi) Charitable Society providing hostel facilities to staff and students is integral part of ‘Educational Activities’,  and Section 11 exemption allowed Durga Charitable Society (Appellant) is a Society duly registered under Society Registration Act, 1860 and is engaged in running various educational institutions, medical colleges and charitable hospitals. Assessing […]

No penalty leviable unless the conduct of the assessee is found to be contumacious

July 20, 2021 3090 Views 0 comment Print

Aanya Real Estate Pvt. Ltd. Vs DCIT (ITAT Mumbai) In M/s. Aanya Real Estate Pvt. Ltd. v. Deputy CIT [IT A No. 115/Mum/2020 decided on July 20, 2021] M/s. Aanya Real Estate Pvt. Ltd. (“the Appellant”) is a real estate company. During assessment, it was noted that the Petitioner had disclosed payment for Exchange Server […]

ITC not claimable on Invoice issued on 01.04.2020 for Services of FY 2018-19

July 20, 2021 3384 Views 0 comment Print

In re Vishnu Chemicals Limited (GST AAR Andhra Pradesh) No ITC on invoices raised for the past period as hit by Period of Limitation The AAR, Andhra Pradesh, in the matter of M/s. Vishnu Chemicals Limited, [AAR No.21/AP/GST/2021 dated July 20, 2021] has held that no Input Tax Credit (“ITC”) on monthly rental tax invoices raised after […]

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