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Cenvat available on service tax paid under reverse charge on service received from foreign service provider

January 31, 2024 357 Views 0 comment Print

CESTAT Chandigarh held that the assessee is entitled to cenvat credit of service tax paid under reverse charge mechanism on the services received from Foreign Service provider prior to 18.04.2006.

Goa Cess Act is legal and valid & is not subsumed by GST laws: Bombay HC

January 31, 2024 3108 Views 0 comment Print

Bombay High Court held that the Goa Cess Act is intra vires Articles 14, 301, 303 read with Article 304 of the Constitution of India. The same is not subsumed by the GST laws.

Diesel being supply of goods its value not includible in operation & maintenance service

January 31, 2024 612 Views 0 comment Print

CESTAT Allahabad held that supply of diesel in Operation & Maintenance contract, being supply of goods, is outside the purview of service tax. Accordingly, value of diesel is not includible in the assessable value of operation and maintenance service.

No Penalty for E-way Bill Delay Due to Portal Technical Glitches: Allahabad HC

January 31, 2024 1431 Views 0 comment Print

Allahabad High Court held that imposition of penalty due to delay in generation of e-way bill unjustified as delay was due to technical glitches on portal. Thus, imposition of penalty for mere technical errors, without having any potential financial implications, unjustified.

Benefit of indexation available while computing book profits u/s 115B

January 30, 2024 1113 Views 0 comment Print

ITAT Mumbai held that benefit of indexation of cost of acquisition is to be given to the assessee while computing long term capital gain for the purpose of section 115JB of the Income Tax Act.

Denial of benefit under Vivad Se Vishwas Act on erroneous allegation unjustified

January 30, 2024 723 Views 0 comment Print

Bombay High Court held that denial of benefit under Vivad Se Vishwas Act, 2020 on erroneous allegation of non-filing of Form 4 unjustified as the same is already filed much before the extended date.

DGCEI vested with powers of Central Excise Officers duly issued service tax demand notice

January 30, 2024 429 Views 0 comment Print

CESTAT Chennai held that DGCEI officers are Central Excise Officers as they have been vested with the powers are fully competent to issue Show Cause Notice demanding service tax on reverse charge.

Provisions of section 80IB(10)(e) and (f) effective only from 01.04.2010

January 30, 2024 807 Views 0 comment Print

The assessee company having its business of builders and property developers, following mercantile system of accounting, filed its return of income on 30.09.2013 disclosing income at Rs.2,86,000/- after claiming deduction of Rs.4,03,40,492/-u/s. 80IB(10) of the Act.

Exemption u/s 10(23D) admissible to UTI India Fund Unit Scheme 1986

January 29, 2024 2247 Views 0 comment Print

ITAT Mumbai held that exemption under section 10(23D) of the Income Tax Act is available to UTI India Fund Unit Scheme 1986 as it is one of the scheme listed at sr. no. 37 in schedule II of the Repeal Act.

Refund of accumulated credit admissible even when input & output supplies are same

January 26, 2024 3648 Views 0 comment Print

Malabar Fuel Corporation Vs Assistant Commissioner (Kerala High Court) Kerala High Court held that refund of accumulated credit admissible as LPG (bulk supply) is received @18% from various refineries. Whereas, when LPG is supplied in cylinders to domestic customer GST @5% is leviable. Refund of accumulated credit is admissible even when input and output supplies […]

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