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Custody of accused was not illegal as production warrant was issued for the said accused on the same date of hearing

January 2, 2024 1533 Views 0 comment Print

When the accused was not produced before a Court on the date of hearing and no production warrant was issued for the said accused on the same date of hearing but was issued subsequently, the custody of the accused would not be in continuum and for the break period, it might be illegal.

Appeal for Refund lies to CESTAT against order passed u/s 142 of CGST Act

January 1, 2024 1062 Views 0 comment Print

Even if the service tax had been deposited by the appellant after 01.01.2017, nonetheless the refund of any amount of the CENVAT credit could be claimed only under sub­section (3) of section 142 of the CGST Act and against this order an appeal will lie to the Tribunal.

Liability for dishonour of cheque also on borrower/ taker receiving cash loan beyond specified limit u/s 269SS

January 1, 2024 1659 Views 0 comment Print

No person should accept any loan or deposit of a sum of Rs.20,000/- or more otherwise than by an account payee cheque or account payee bank draft. Where a person advance cash more than Rs.20,000/- to another person, restriction on cash advances was, in fact, on the taker and not on the person who made an advance.

Order passed u/s 153A invalid as same was passed on non-existing entity

December 31, 2023 1305 Views 0 comment Print

Learn how Avaada Ventures Private Limited challenged an invalid Section 153A order in ITAT Mumbai. Analysis of the case, judgment, and conclusion provided.

No addition u/s 69 for advances received against booking of flats by treating it as unexplained expenditure

December 30, 2023 1167 Views 0 comment Print

Assessee-individual was carrying out various types of business including property development, liquor shop, medicine shop and rental income. The return was selected for scrutiny by issuance of notice u/s 143(2) and 142(1).

Interest on deposits from co-op bank eligible for Section 80(2)(d) deduction

December 30, 2023 7668 Views 0 comment Print

Co-operative society received/earned interest on deposits with the co-operative bank was eligible for claim of deduction under section 80(2)(d).

No exemption of service tax u/s 66D to Civic Body for amounts paid for obtaining third party services

December 29, 2023 318 Views 0 comment Print

Corporation availing services of assessee to render computer education to persons belonging to economically weaker section as regards which the Corporation had made the payment of monies to assessee would be amenable to service tax, that is to say, it was not exempted from service tax.

Mere suppression of facts without intent to evade tax not enough to invoke extended period of Limitation

December 29, 2023 3294 Views 0 comment Print

Mere suppression of facts was not enough and there must be a deliberate and willful attempt on the part of the assessee to evade payment of duty.

Distribution Companies Not Authorized to Collect GST on Electricity & Related Services

December 29, 2023 1413 Views 0 comment Print

Electricity distribution companies were not entitled to collect gst from their customers and charges for metering equipment, testing fee for meter, labour charges from customers for shifting of meters, charges for bills and application for releasing connection of electricity were all integral part of services of distribution of electricity.

Conditional release of seized Gold and Gold Items inspite of Customs Appeals by Revenue

December 29, 2023 2004 Views 0 comment Print

Gold and gold items seized from assessee were to be released after the orders-in-original had been passed in favour of assessees, on furnishing securities other than bank guarantees and execution of the bonds to the satisfaction of proper customs authority.

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