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Tax not payable on IT support service as Fees for Technical service

August 4, 2022 1911 Views 0 comment Print

Held that receipt of IT support service doesnt become FTS as assessee did not make available any technical knowhow, experience or skill to its customers. The same is not chargeable to tax

Allegation of amount collected as service tax should be supported by corroborative evidence

August 4, 2022 1428 Views 0 comment Print

Held that revenue alleged that the assessee has collected service tax payment. However, revenue failed to support the allegation with any corroborative evidence. Demand of service tax unsustainable

Cenvat credit is eligible in respect of 2% CVD paid under notification no. 12/2012-Cus

August 4, 2022 987 Views 0 comment Print

Commissioner of Central Excise And Customs, Central Goods And Service Tax Vs Shree Cement Ltd (CESTAT Delhi) Held that cenvat credit of 2% CVD paid under Notification No. 12/2012-Cus dated 17/03/2012 is eligible to the appellant. Facts- The issue involved in these Appeals is whether Cenvat credit of 2% CVD paid on import of steam […]

Addition u/s 68 sustained as onus to prove identity & creditworthiness of creditors not discharged

August 3, 2022 1341 Views 0 comment Print

Held that assessee failed to explain identity and creditworthiness of the creditors and genuineness of the transaction. Accordingly, addition u/s 68 sustained.

Cenvat credit eligible on input services used for construction of property which is further let out

August 3, 2022 2346 Views 0 comment Print

Held that we are inclined to allow the Cenvat Credit of input services for construction of immovable property, which is further let out to various customers.

Addition u/s 69A unsustainable as cash deposit during demonetization established through bank account

August 3, 2022 6156 Views 0 comment Print

Held that the source of withdrawal of the money is being clearly demonstrated and their deposit of money on various occasions is also established by the assessee through her bank account. Accordingly, addition u/s. 69A towards deposit of demonetized currency notes unsustainable.

CPC procedural formalities cannot be abused as instrument of oppression

August 3, 2022 3945 Views 0 comment Print

Held that the procedural formalities in the CPC are intended to facilitate litigation by stating the procedure to be followed and not to be abused as an instrument of oppression to frustrate validly instituted proceedings.

Maintaining of separate books not required for claiming deduction u/s 10A/ 10AA

August 2, 2022 1896 Views 0 comment Print

Held that there is no requirement for maintaining separate books of account for claiming deduction under section 10A/10AA of the Act, and books of account maintained by assessee is sufficient to enable computation of profits of various SEZ units.

Loan agreement having peculiar structure should be disclosed under clause 36 of the listing agreement

August 2, 2022 1221 Views 0 comment Print

Held that a perusal of Clause 36 of the listing agreement provides for a company to inform the exchange on immediate basis of all events which will have a bearing on the performance/ operations of the company as well as price sensitive information.

Principal amount paid to corporate debtor by home buyers is a financial debt

August 2, 2022 2187 Views 0 comment Print

Held that the petition filed by financial creditors (home buyers) is admitted and principal amount paid to corporate debtor is also accepted as financial debt.

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