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Interest payable after three months from the date refund of pre-deposit amount becomes due

July 15, 2023 2133 Views 0 comment Print

Punjab and Haryana High Court held that the department is liable to make payment of interest after the expiry of three months from the date the refund of pre-deposit amount becomes due.

Collection of toll cannot be considered as provision of Business Auxiliary Service to NHAI

July 15, 2023 1107 Views 0 comment Print

CESTAT Chandigarh held that collection of toll by the assessee would not be considered as Business Auxiliary Service provided to NHAI as the assessee is not rendering any service which is incidental or auxiliary on behalf of NHAI and the NHAI is not undertaking any business activity.

Expenditure for acquisition of individual club membership is not allowable

July 15, 2023 7845 Views 0 comment Print

ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.

Service tax exemption for services provided to SEZ unit cannot be denied for procedural requirement

July 15, 2023 3366 Views 0 comment Print

CESTAT Ahmedabad held that service provided to SEZ units are exempt from service tax vide notification no. 09/2009-ST dated 03.03.2009. Exemption benefit cannot be denied for procedural requirement.

Addition due to mismatch in 26AS and in books of account unsustained as difference duly explained

July 15, 2023 3324 Views 0 comment Print

ITAT Mumbai held that addition on account of mismatch between the income reported under form number 26AS and the income recorded in the books of accounts unsustainable since the mis-match duly explained.

CENVAT of service tax paid on rail freight available based on certified copy of railway receipts

July 15, 2023 588 Views 0 comment Print

CESTAT Delhi held that the appellant can duly avail the credit of service tax paid on rail freight on the strength of the certified copy of railway receipts read with Monthly Consolidated Certificates and STTG certificate issued by the Western Central railway.

Receipt of foreign assignment allowance by way of Travel Currency Card abroad not taxable in India

July 15, 2023 981 Views 0 comment Print

Held that an amount of foreign assignment allowance received for the services rendered outside India by way of (Travel Currency Card) TCC abroad is not taxable in India.

Issuance of notice & all consequential proceedings in the name of deceased assessee are null & void

July 15, 2023 1647 Views 0 comment Print

Bombay High Court held that issuance of notice and all consequential proceedings in the name of a deceased assessee are null and void. Accordingly, order passed thereon is liable to be quashed and set aside.

Decision conveying denial of exemption under DFIA scheme is challengeable before Commissioner (A)

July 15, 2023 1155 Views 0 comment Print

CESTAT Ahmedabad held that decision conveying denial of exemption under DFIA Scheme is challengeable by way of appeal before the Commissioner (Appeals). Denial of exemption is not merely a query but the decision of assessing officer and hence appeal can be preferred against the same.

Order passed without considering documents furnished is liable to be remanded back

July 15, 2023 1371 Views 0 comment Print

ITAT Mumbai remanded the matter to jurisdictional AO for de novo adjudication since the assessee was not able to furnish the documents at the time of assessment proceedings and the documents furnished before CIT(A) were not considered/ verified.

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