No service tax can be levied on the amount collected towards liquidated damages or penalty for breach of any of the terms of the contract.
In the present case, the very addition in the declared income has been deleted by the Tribunal therefore, there is no foundation to compute the penalty upon the assessee. In view of the deletion of the additions in the quantum appeal, no penalty is imposable upon the assessee.
In this case Tribunal had remanded the matter to the Original Authority as it was passed in the violation of principles of natural justice and therefore being not sustainable.
Draft Regulations 1. (1) These regulations may be called the Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulations, 2023. (2) They shall come into force on the date of their publication in official Gazette.
Penalty order did not specify the charge & penalty was imposed purely on the basis of estimation of income so not valid
Refund of Service Tax Cenvat credit was denied without issue of any show cause notice. Such an order is not sustainable in law.
Rule 3(7)(a) of Cenvat Credit Rules (CCR) applies only the duty has been paid at the concessional rate prescribed in Serial No. 2 of Notification No. 23/2003-CE dated 31/03/2003.
Riya Sunil Jain Vs ITO (ITAT Mumbai) A.O has come to the conclusion that cash deposited in the bank account of the assessee has no connection with tuition income received by her. Therefore, the AO treated the cash deposited during the demonetization period appearing in the bank account as unexplained money u/s 69A of the […]
Detaining ATM machines of Licensee by Municipal Corporation was totally high handed & We do not approve of such action- HC
HC court is mystified as to how an direction to de-seal and restore water connection could be incorporated without officer having read the same in first place.
