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Service Tax Refund cannot be denied merely because FIRC contains address of HO instead of place where service was availed

March 27, 2022 3018 Views 1 comment Print

HID India Private Limited Vs Commissioner of GST & Central Excise (CESTAT Chennai) In this case refund of the unutilized cenvat credit was rejected holding that; firstly, the input services were received prior to obtaining the service tax registration from the Department; secondly, the invoices show the address of their Head office at Bangalore and […]

No unjust enrichment if Appellant borne the incidence of SAD & not passed the same to customers

March 27, 2022 801 Views 0 comment Print

Marina Enterprises Vs Commissioner, Customs, Central Goods & Service Tax and Central Excise (CESTAT Delhi) Admittedly the appellant have sold the goods in India after importing and have paid sales tax on the said goods. Admittedly, they are registered with the Sales Tax Department having TIN number and have charged sales tax in their sales […]

Only debtors will be able to initiate proceedings under Special Insolvency Resolution Framework for MSMEs

March 27, 2022 234 Views 0 comment Print

Under special insolvency resolution framework for Micro, Small and Medium Enterprises (MSMEs), called the pre-packaged insolvency resolution process (pre-pack), provided in the Insolvency and Bankruptcy Code, 2016 (the Code/IBC), only eligible corporate debtors (CDs) may file applications for resolution under this framework.

9781 OPC registered between 01.01.2021 to 10.12.2021

March 27, 2022 549 Views 0 comment Print

During the current year (from 01.01.2021 to 10.12.2021) total 9781 number of One Person Companies (OPCs) were registered under the provisions of the Companies Act, 2013

Entry Tax: Section 5 & Section 6 of West Bengal Finance Act, 2017 are ultra-vires & unconstitutional

March 26, 2022 3645 Views 0 comment Print

Tata Steel Ltd. Vs The State of West Bengal (West Bengal Taxation Tribunal) 1. Prelude The above bunch of cases have been heard analogously. West Bengal Tax On Entry of Goods into Local Area Act. 2012 (hereinafter referred as Entry Tax Act) was introduced w.e.f 01.04.2012 in purported exercise of the power conferred under Article […]

No exemption from TCS on Purchase of Tendu leaves from Forest Department for Sale to manufacturer of bidis

March 26, 2022 7290 Views 0 comment Print

Gondia Beedi Leaves Contractors Association Vs Union of India (Bombay High Court) It is admitted that the re-sale of Tendu leaves, as it is without any process, after purchase from the Forest Department would amount to trading which does not qualify for exemption under sub-section (1A) of Section 206C of the Income Tax Act. It […]

Expense on Installation of ERP package abandoned midway is revenue expenditure

March 26, 2022 783 Views 0 comment Print

DCIT Vs Landis+ Gyr Ltd. (ITAT Kolkata) Expenditure incurred for construction / acquisition of new facility which had to be abandoned midway will be allowable as a revenue expenditure as incurred wholly or exclusively for the purpose of assessee’s business. It is to be noted that in the instant case also, the expenditure incurred by […]

CESTAT allows refund of CVD/SAD as after 30.06.2017 under GST regime credit is not available

March 26, 2022 5349 Views 0 comment Print

Refund of CVD and SAD in question is allowable, as credit is no longer available under the GST regime, which was however available under the erstwhile regime of Central Excise prior to 30.06.2017. Accordingly, I hold that the appellant is entitled to refund under the provisions of Section 142(3) and (6) of the CGST Act.

HC Quashes penalty order passed in violation of principle of natural justice

March 26, 2022 969 Views 0 comment Print

Mayur Batra Vs ACIT (Delhi High Court) Petitioner states that before levying the penalty under section 271(1)(c), the replies of the petitioner filed on 17th December, 2021 and reiterated as well as uploaded on 22nd and 27th January, 2022 were not considered by the respondents. He further states that the petitioner has not been granted […]

Delhi Municipal Corporation (Amendment) Bill, 2022 introduced in Lok Sabha

March 25, 2022 1668 Views 0 comment Print

The main objective of trifurcation of the erstwhile Municipal Corporation of Delhi was to create compact municipalities at various centres in Delhi in the interest of providing more efficient civic services to the public. However, trifurcation of the erstwhile Municipal Corporation of Delhi was uneven in terms of territorial divisions and revenue generating potential. As a result, there was huge gap in the resources available to the three corporations compared to their obligations.

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