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Affiliation fee collected by university is outside the purview of service tax

August 16, 2022 1767 Views 0 comment Print

Held that services being provided by the University by collecting affiliation fee has to be considered as the service by way of education. Accordingly, exempt from service tax as per clause (l) of section 66D.

Mediator service not liable to service tax as management consultancy service

August 16, 2022 705 Views 0 comment Print

Held that work of mediator/ arbitrator in resolving the dispute between the parties is not management consultancy service. Accordingly, not liable to service tax under management consultancy service u/s 65(65) of the Finance Act, 1994

Addition for higher stock valuation without discrepancy in quantity is unsustainable

August 16, 2022 1392 Views 0 comment Print

Held that there is no observation of the AO that quantity of construction work-in-progress is more than the quantity valued as per first set of financial statement. Accordingly, addition deleted

There is no need to file separate claim for Income Tax refund

August 16, 2022 2250 Views 0 comment Print

Assessee need not file any separate claim for Income Tax refund as same is deemed to incorporated in return filed by assessee itself

Selective disclosure by SEBI amounts to cherry-picking which derogates commitment to fair trial: SC

August 15, 2022 1275 Views 0 comment Print

Held that SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part. Such selective disclosure cannot be countenanced in law as it clearly amounts to cherry­picking.

Addition of cash deposited in bank post demonetization due to cash sales unsustainable

August 15, 2022 4662 Views 0 comment Print

Charu Aggarwal Vs DCIT (ITAT Chandigarh) Held that cash sales made by the assessee which was deposited in the bank post demonetization is sufficient source of cash deposited. Addition of the same unsustainable. Facts- A notice u/s 153A was issued to the assessee post search operation. Thereafter, the assessee filed its ROI declaring an income […]

Benefit given to importer as dept failed to substantiate allegation of undervaluation

August 15, 2022 1281 Views 0 comment Print

Held that no iota of evidence was submitted by Revenue regarding under valuation of goods and hence benefit given to the appellant.

Collector not empowered to revise stamp duty which is already levied & paid

August 14, 2022 4878 Views 0 comment Print

HC Held that Collector could not revise stamp duty upon Deed of Assignment, when he already once levied the stamp duty and endorsed a certificate to that effect on the Deed and such stamp duty was also paid

Cenvat credit available on service tax paid on modernization/renovation/repairs of factory

August 14, 2022 1398 Views 0 comment Print

CESTAT Held that services relating to modernization, renovation or repairs of factory is input service, accordingly cenvat credit available.

Issuance of notice of proceedings is mandatory – Section 11 of A&C Act

August 14, 2022 1062 Views 0 comment Print

Held that provisions of section 11(6) are judicial one and hence principal of opportunity of hearing or putting other party to notice is imperative. In absence of issuance of notice u/s 11 of A&C Act, order and proceedings gets vitiate.

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