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Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 3162 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Service tax refund cannot be denied on cancellation of booking of flats

January 18, 2023 1299 Views 0 comment Print

As per Rule 66E(b), Service Tax Rules, 1994 in construction service, service tax is required to be paid on amount received from buyers towards booking of flat before the issuance of completion certificate by the competent authority and the booking can be cancelled by the buyer any time before taking possession of the flat.

Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1068 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

Deemed Dividend Taxable in the hands of Individual shareholder not an entity which does not hold shares

January 18, 2023 3096 Views 0 comment Print

Mahimananda Mishra Vs ACIT (Orissa High Court) A plain reading of ection 2(22)(e) of the Income Tax Act, 1961 indicates that the taxing of the deemed dividend has to be in the hands of the shareholder of OSL. In the present case, admittedly it is Mr. Mishra in his individual capacity who holds 36.95% of […]

No Co-relation Required to Claim Service Tax Refund when all business were of export only

January 18, 2023 195 Views 0 comment Print

Denial of refund of Service Tax paid on Banking and Financial Services – The said refund has been rejected on the ground that the appellant has failed to correlate the services availed with the exports of goods.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1206 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

UPVAT: Penalty proceeding cannot be initiated merely based on truck driver statement

January 18, 2023 1236 Views 0 comment Print

Statement of a truck driver cannot be the basis for initiating penalty proceedings. Statement of truck driver which has been recorded by officer of department is not corroborated by any proof and said statement cannot be relied upon for initiating penalty proceedings.

Draft Explosives (Amendment) Rules, 2022

January 17, 2023 1767 Views 0 comment Print

Third Party Inspection Agency means a professional organization recognized by Chief Controller of Explosives to carry out inspection and safety audit of major accident hazards premises as defined under the Manufacture, Storage and Import of hazardous Chemicals Rules, 1989, and having minimum three persons with minimum qualification of masters degree in chemistry or bachelors degree in chemical engineering from a recognized university and minimum experience of ten years in manufacturing and handling of Explosives

Streamlining of Halal Certification Process for Meat and Meat Products

January 17, 2023 1005 Views 0 comment Print

With the aim of streamlining the Halal certification process for export of meat and meat products from India, the draft guidelines on Halal certification for export of meat and its products are proposed.

Consultation paper on ‘Blocking of Funds for Trading in Secondary Market’

January 17, 2023 1137 Views 0 comment Print

In the last couple of years, Indian securities market has seen tremendous growth, both in terms of volumes as well as in terms of number of participants. This increasing participation with increase of new investors in securities market also puts greater onus on SEBI to make markets safer for its participants, with a special focus on retail participants.

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