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Provisionally attachment under GST cannot extend after One Year: Delhi HC

August 24, 2022 1872 Views 0 comment Print

HC set aside order to attach the bank account of assessee for more than one year and held that as per section 83 of CGST Act the prescribed time limit for provisional attachment is one year

Service Tax cannot be levied on affiliation fees & rent collected by universities

August 24, 2022 2136 Views 0 comment Print

HC held that Service Tax cannot be levied on affiliation fee and fees collected for other incidental activities by universities for providing educational services.

SC’s suo moto extension of limitation period order is applicable even for condonation period

August 23, 2022 7128 Views 0 comment Print

HC sets aside order cancelling GST registration, and held that SC suo moto extension of limitation period is applicable for filing appeal against cancellation

Indivisible composite works contracts not chargeable to Service tax prior to June 2007

August 23, 2022 1296 Views 1 comment Print

Whether Service Tax could be levied on Composite Works Contracts prior to the introduction of the Finance Act, by which the Finance Act, 1994 amended to introduce Section 65(105)(zzzza) pertaining to Works Contract Service.?

Utilisation of ITC excise duty with output tax is payment for Section 43B of IT Act

August 22, 2022 621 Views 0 comment Print

HC held that when assessee adjusted excise duty payable on closing stock of finished goods with available input credit and paid remaining amount after said adjustment, would tantamount to actual payment and no disallowance could be made under section 43B of Income-tax Act, 1961

18% GST leviable on Interactive Flat Panel Screens if used for data processing purposes only

August 17, 2022 7380 Views 0 comment Print

AAR held that, Interactive Flat Panel Screens used only for data processing purposes will attract GST rate of 18% and in case the same provides any additional function, GST at 28% will be attracted.

Recording statement of accused is necessary pre-condition, before initiating proceedings for evasion of custom duty

August 16, 2022 900 Views 0 comment Print

Magistrate without examining any witnesses cannot take cognizance on complaint lodged by complainant and issue summons to accused.

GST Transitional Credit: SC allows any aggrieved registered assessee

August 16, 2022 993 Views 0 comment Print

SC in case of Filco Trade Centre Pvt. Ltd. allowed ‘any aggrieved registered assessee’ to file a form seeking Transitional credit or revision thereof

Excise duty cannot be demanded for clandestine removal based on third party evidence

August 13, 2022 417 Views 0 comment Print

CESTAT held that there shall be consonance between allegation levelled by Revenue and the records presented against the taxpayer. Further held that the allegation cannot be justified in absence of any admission from the assessee against the alleged clandestine transaction. Moreover, third party records and statement by Director of the Company cannot be used against the assessee for non-joinder of the parties.

Waiver of pre-deposit is not tenable on account of financial inability

August 12, 2022 2169 Views 0 comment Print

Whether wavering of pre-deposit on the grounds of Section 129E of the Customs Act, 1962 existing prior to August 06, 2014 is feasible?

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