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Proceedings u/s 129 of CGST Act invalid due to delay in service of detention order and notice

October 17, 2022 3237 Views 0 comment Print

Madras High Court held that proceedings initiated under section 129 of the CGST Act invalid as detention order and notice was not served within the prescribed time limit.

CENVAT of steel items used for setting up of coal washery plant eligible

October 17, 2022 282 Views 0 comment Print

CESTAT Kolkata held that CENVAT Credit of steel items used for the purpose of setting up of coal washery plant is available applying the user test principle.

Used Mild Steel (MS) plates classified as ‘waste and scrap’

October 17, 2022 1830 Views 0 comment Print

CESTAT Mumbai held that used mild steel (MS) plates industrial significance only as waste and scrap which is the feedstock for melting in furnaces and hence classifiable as waste and scrap.

Rule 6 doesn’t apply when cenvat of only inputs used for manufacture of dutiable goods is availed

October 17, 2022 573 Views 0 comment Print

CESTAT Mumbai held that when cenvat credit of only that quantity of input is availed which was intended for use in the manufacture of dutiable goods, there is no question of invoking provisions of rule 6 of the Cenvat Credit Rules, 2004

Salary accrued for work performed outside India is not taxable in India

October 17, 2022 5535 Views 0 comment Print

ITAT Chennai held that as per Sec.9(1)(ii) of the Income Tax Act, salary income could be deemed to accrue or arise in India only if it is earned in India in respect of services rendered in India. Hence, salary income as accrued to the assessee for work performed in UK would not be taxable in India.

On approval of resolution plan old management of Corporate Debtor should be treated as fresh

October 17, 2022 2076 Views 0 comment Print

NCLT Mumbai held that once the resolution plan is approved by the Adjudicating Authority, the management/ownership of the Corporate Debtor shall be considered as fresh, even if the directors/promoters of the Corporate Debtor (MSME) remain the same.

Liability u/s 66A unsustainable as service provider and receiver are overseas entities

October 17, 2022 810 Views 0 comment Print

CESTAT Mumbai held that the provisions of service to the overseas entity by an entity situated abroad does not merit liability under section 66A of Finance Act, 1994. Accordingly, set aside tax recovery from M/s Singapore Airlines as deemed provider of online information data base access or retrieval service.

Goods are not confiscatable u/s 111(d) of Customs Act can be held to be not prohibited

October 17, 2022 5211 Views 0 comment Print

CESTAT Chennai held that when goods are held not confiscatable under Section 111(d) of the Customs Act, 1962, then it can be reasonably held that the import was not prohibited.

Share application money should be excluded while computing disallowance u/s 14A of Income Tax Act

October 17, 2022 588 Views 0 comment Print

ITAT Bangalore held that Share Application Money should not be included in the value of investments. Accordingly, for the purpose of computing disallowance under section 14A of the Income Tax Act, the Share Application Money should be excluded.

Section 111(o) of Customs Act, 1962 becomes inapplicable once duty is recovered

October 16, 2022 3186 Views 0 comment Print

CESTAT Mumbai held that with the recovery of duty, imports stand regularized and hence section 111(o) of Customs Act, 1962 becomes inapplicable. Accordingly, confiscation and penalty set aside.

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