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Encashment of bank guarantee due to inadequate performance is allowable expense

June 23, 2018 9087 Views 0 comment Print

That on the facts and circumstances of the case and in law, CIT (A) erred in upholding the disallowance of loss/ expenditure of Rs. 20892603/- suffered/ incurred by the appellant as a result of encashment of bank guarantee furnished to Delhi Transport Corporation (DTC) as security for the due and punctual discharge of obligations under the Concession Agreement.

Imposition of penalty not justified in absence of motive to mis-declare goods

June 23, 2018 966 Views 0 comment Print

All the three appeals are arising out of the same impugned order passed by the Commissioner (Appeals) and as such, are being disposed of by a common order.

Renting of Immovable Property: Service tax not Leviable on One-Time Non-Refundable Deposit

June 23, 2018 1926 Views 0 comment Print

Kagal Nagar Parishad Vs Commissioner of Central Excise (CESTAT Mumbai) Revenue sought to tax the one time premium deposit, which is not refundable under the head of renting of immovable property service considering the same as rent. We find that there is a separate charge for the rent, which alone is taxable, the onetime premium […]

Goods seized for wrong e-way bill date must be released on furnishing of security other than cash or bank guarantee

June 23, 2018 1722 Views 0 comment Print

The petitioner has ought to quash the seizure order dated 05.01.2018 which has been passed against the petitioner on the allegation that there was some wrong declaration on the date in the E-way Bill. The petitioner states that it had been written down inadvertently. Other than that no other allegation has been made against the petitioner.

Detection of Rs 43 Crores GST fraud in fake invoice case

June 22, 2018 5367 Views 0 comment Print

Howrah CGST Coinniissionerate has unearthed a GST fraud based i.n the Hooghly and Howrah area involving a case of fraudulent issuance of fake GST invoices involving tax evasion of approximately Rs 43 Crores.

Plastics Banned in Maharashtra From June 23,2018- Check Whats banned

June 22, 2018 24867 Views 4 comments Print

WHEREAS, concerns about usage and disposal of plastic are diverse and include accumulation of waste in landfills, water bodies and in natural habitats, physical problems for wild animals resulting from ingestion or entanglement in plastic, the leaching of chemicals from plastic products and the potential for plastics to transfer chemicals to wildlife and humans are increasing.

Co-Operative Society cannot be treated as Industry under Industrial Disputes Act

June 22, 2018 4767 Views 0 comment Print

In the present case, merely because the society charged some extra charges from a few of its members for display of neon signs, the society cannot be treated as an industry carrying on business of hiring out of neon signs or allowing display of advertisements. In the premises, the impugned award of the Labour Court suffers from a serious error of jurisdiction.

20% Surcharge on liquor and Beer Sales in Rajasthan from 23.06.2018

June 22, 2018 20682 Views 1 comment Print

Rajasthan Government hereby notifies that the surcharge at the rate of twenty percent shall be levied and collected, on the amount of tax or any sum in lieu of tax payable on the sale of Foreign Liquor, Indian Made Foreign Liquor, Country Liquor and Beer sold by the dealers registered under the provisions of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), with effect from 23-06-2018.

HC directs release of goods detained for non-availability of E-way bill considering other documents

June 22, 2018 1620 Views 0 comment Print

E-Way Bill has been made applicable under the Central GST with effect from 1st February, 2018 and was not in place on the date of seizure though the State of U.P. alone has made a provision for the E-Way Bill earlier but that was not applicable to the State of Jharkhand from where the said loader/tipper had started journey.

No Cessation of liability if Amount forfeited is subject matter of civil suit and cannot be taxed

June 22, 2018 1230 Views 0 comment Print

Where amount forfeited by assessee against cancellation of booking of flat was subject-matter of civil suit, it could not be said that there was cessation of liability so as to tax such amount as assessee’s income.

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