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Ex-parte orders violates principles of natural justice & entails civil consequences

December 21, 2022 2898 Views 0 comment Print

Patna HC set aside the ex-parte rejection orders passed by the Revenue Department, owing to the violation of natural justice principles.

Expenditure incurred for construction of a new facility and subsequently abandoned at Work-in-progress stage is allowable as Revenue Expenditure

December 20, 2022 1125 Views 0 comment Print

Expenditure incurred for construction of new facility & subsequently abandoned is allowable Revenue Expenditure: ITAT Hyderabad

TDS Credit shall be given for Assessment Year for which Income is Assessable

December 19, 2022 2034 Views 0 comment Print

ITAT held that TDS credit shall be given to deductee for Assessment Year (“A.Y.”) for which such income is assessable under Income Tax Act, 1961

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

December 19, 2022 1503 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 1758 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 1569 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 2979 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 1149 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 1158 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 1782 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.

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