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Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1395 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Bogus firm is not a ground enumerated u/s 29(2) for cancellation of GST registration

June 21, 2023 1038 Views 0 comment Print

Allahabad High Court held that once the registration is granted, the same could be cancelled only in terms of the conditions prescribed under Section 29(2) and allegedly being a bogus firm is not a ground enumerated under Section 29(2) of the Central Goods and Services Tax Act, 2017.

Provision of rule 89(4) of CGST Rules inapplicable to refund of integrated tax paid on zero-rated supply

June 21, 2023 21402 Views 0 comment Print

Delhi High Court held that rule 89(4) of the Central Goods and Services Tax Rules, 2017 applies only in case of zero rated supply of goods or services, without payment of tax under bond or letter of undertaking. Accordingly, provisions are inapplicable to cases of refund of integrated tax paid on zero rated supply.

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 1656 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

Competent authority bound to re-assess basic tax rate post change in nature of land

June 21, 2023 579 Views 0 comment Print

Kerala High Court held that as the nature of the land of the petitioner has been permitted to be changed pursuant to passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land

Demand of property tax without assessment of property is untenable

June 21, 2023 990 Views 0 comment Print

Kerala High Court held that there cannot be an automatic demand for property tax without fixing the tax payable in accordance with the procedure provided in the Act and the Rules. Accordingly, demand of property tax without assessment of the property is untenable in law.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 618 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Order set aside in absence of any notice prior to passing re-assessment order u/s 137B of Chennai City Municipal Corporation Act

June 21, 2023 429 Views 0 comment Print

Madras High Court set aside the orders calling upon the petitioner to remit arrears of property tax as no notice was issued prior to passing order of re-assessment under section 137B of the Chennai City Municipal Corporation Act.

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

June 21, 2023 2079 Views 0 comment Print

ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit under the DTAA. Accordingly, benefit of India-Mauritius DTAA duly available.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 1725 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

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