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Bus operators can avail ITC on rent paid towards hiring of buses

November 25, 2021 1425 Views 0 comment Print

AAR ruled that bus operator is entitled to avail ITC on rent bill issued by service provider, who provides buses on rent charging GST at the rate of 18%, subject to fulfillment of conditions stipulated under Section 16 read with Section 17 of CGST Act

As per Consumer Protection Act losing a case on merit cannot be termed as deficiency in service by advocate: SC

November 24, 2021 2871 Views 0 comment Print

As per Consumer Protection Act losing a case on merit could not be termed as deficiency in service by the advocate: Supreme Court Hon’ble Supreme Court in Nandlal Lohariya v. Jagdish Chand Purohit and Ors. [S.L.P. (C) Diary No. 24842 of 2020, decided on November 8, 2021] held that in each and every case where […]

Service tax not leviable on commercial coaching or training services

November 23, 2021 2106 Views 0 comment Print

CESTAT held that the service of providing professional/ vocational training courses and providing certificates to the students, on the basis of which the students are getting jobs or are trained to work as an entrepreneur / self-employed, falls under the exclusion clause of Section 65(27) of the Finance Act, 1994.

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

November 22, 2021 26364 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 4449 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 1431 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 2106 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 3246 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 1275 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 1581 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).

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