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HC allows Assessee to avail Vivad Se Vishwas Scheme benefit after due date considering delay in filing Appeal by revenue

January 14, 2023 1209 Views 0 comment Print

Assessee should not be non-suited for the default committed by the revenue in nor preferring the appeal within the period of limitation

Interest cannot be disallowed for mere non-conduct of business 

January 14, 2023 894 Views 0 comment Print

Ardor Chemicals Pvt. Ltd. Vs ITO (ITAT Ahmedabad) It is pertinent to note that though the business was not conducted during the present A.Y., for the purpose of smooth running of the business the assessee has borrowed the amount which was reflected duly in the bank account (Profit & Loss account and Balance Sheet of […]

Cenvat credit of CVD paid by debit in SFIS scrip – CESTAT directs re-adjudication

January 14, 2023 951 Views 0 comment Print

Nayara Energy Limited Vs Commissioner of Central Excise & ST, Rajkot (CESTAT Ahmedabad) The issue involved in this case is regarding the eligibility to avail Cenvat credit of the amount of CVD paid as debit in Served From India Scheme (SFIS). It is undisputed that as per Rule 3 of the Cenvat Credit Rules, any […]

Department cannot demand service tax again if same already been paid on behalf of appellant

January 14, 2023 1530 Views 0 comment Print

Facts reveal that service tax in regard to impugned service already been paid to Government, department cannot collect service tax again on impugned service.

SSI Exemption cannot be denied for Trademark Registration in Family Members/Partners Name

January 14, 2023 1056 Views 0 comment Print

CESTAT held that SSI Exemption cannot be denied for Trademark Registration in Family Member name, Jointly in Family Members Name or in partners name.

Clarifications regarding applicability of GST on certain services

January 13, 2023 4614 Views 0 comment Print

CBIC clarifies vide Circular No. 190/02/2023- GST Dated 13th January, 2023 on Applicability of GST on accommodation services supplied by Air Force Mess to its personnel and Applicability of GST on incentive paid by Ministry of Electronics and Information Technology (MeitY) to acquiring banks under Incentive scheme for promotion of RuPay Debit Cards and low […]

DGGI withdraw contempt petition which was filed instead of taking coercive measure to secure presence of accused 

January 13, 2023 681 Views 0 comment Print

Directorate General of GST Intelligence Vs Nikit Mittal (Jharkhand High Court) This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 […]

Section 153A proceedings invalid in absence of valid search warrant

January 13, 2023 2112 Views 0 comment Print

CIT Vs Sikhya ‘O’ Anusandhan (Orissa High Court) Court in the first round of litigation accepted the legal position that without there being a valid search warrant authorizing the search in the premises of the Assessee under Section 132 of the Act, the question of initiating proceedings under Section 153A of the Act did not […]

Object beneficial to a section of public is an object of general public utility

January 13, 2023 807 Views 0 comment Print

An object beneficial to a section of the public is an object of general public utility. But the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public order or impersonal nature.

GST under RCM on renting of immovable property services received from SEEPZ/SEZ

January 13, 2023 9561 Views 1 comment Print

In re Portescap India Private Limited (GST AAAR Maharashtra) AAAR held that any supply of goods or services or both made to a SEZ developer or SEZ unit for carrying out the authorised operation in SEZ will be considered as zero-rated supply. That is, the said supply will not attract any GST whatsoever. It is […]

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