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Cenvat Credit eligible on Sales Commission to Manufacturer

April 17, 2022 903 Views 0 comment Print

Varun Beverages Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) I find that the sales commission is directly attributable to sales of the products. Any activity which amounts to sale of the products is deemed to be sales promotion activity in the normal trade parlance. The commission paid on sales of the products/services with […]

CESTAT allows refund of service tax paid upfront amount on long term lease of industrial lands

April 17, 2022 699 Views 0 comment Print

The appellant had taken industrial lands on long term lease from Kerala Industrial Infrastructure Development Corporation by paying an upfront amount on long term lease, along with service tax. Thereafter, with the insertion of Section 104 into Chapter V of the Finance Act, 1994 with retrospective effect, the appellants requested for refund of the service tax paid by them on the upfront amount on long term lease of industrial lands.

Private Discretionary Trust cannot be treated as ‘Individual’ for Difficulties in E-filing Software

April 17, 2022 2397 Views 0 comment Print

Mamania Family Trust Vs ACIT (ITAT Mumbai) With regard to the substantial issue of treating the assessee as AOP as against the status of a private discretionary trust as ‘individual’, we are of the considered view that the Ld. CIT(A) has rightly decided the issue in the light of various judicial decisions. The Ld. CIT(A) […]

ITAT allows Depreciation on Non-compete fees & Market information

April 17, 2022 930 Views 0 comment Print

Chemetall Rai India Limited Vs DCIT (ITAT Pune) The only question is about the denial of depreciation on two categories of Intangible assets, namely, Non-compete fees and Market information comprising of Commercial information, Customer data, Distribution network and Suppliers contract. Apart from the assessee acquiring the Chemical business of Gramos Chemicals India Limited, it transferred […]

Tax Exemption cannot be denied to Charitable Trust merely for Publication of Advertisement of Scholarship to Poor Student in a single News Paper

April 17, 2022 861 Views 0 comment Print

CIT (Exemptions) Vs Hamdrd National Foundation (India) (Delhi High Court) 1. Present batch of appeals has been filed raising a common question of law, namely, as to whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal (for short ‘Tribunal’) was correct in allowing the appeal of the assessee ignoring the […]

HC quashes Reassessment Orders for Contradiction in Reason for reopening

April 17, 2022 702 Views 0 comment Print

Vodafone Luxembourg 5 S A R L Vs Income Tax Department (Delhi High Court) Learned counsel for Revenue emphasises that the petitioner’s case has been selected for reassessment only on the ground that the respondents has doubted as to whether interest was received by the petitioner-assessee on rupee denominated bonds issued by an Indian company […]

Transfer/postings in the Grade of CCIT/DGIT

April 16, 2022 5874 Views 0 comment Print

Office Order No. 75 of 2022 | The following transfer/postings of the officers in the grade of Chief Commissioners of Income Tax/ Director Generals of Income Tax, are hereby ordered with immediate effect and until further orders:-

Transfer/postings in the Grade of Pr. CIT/ Pr. DGIT

April 16, 2022 4743 Views 0 comment Print

F.No. A-22011/212022-Ad-VI (Pt.II) Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) North Block, New Delhi – 110 001 Dated: 16.04.2022 Office Order No. 74 of 2022 On promotion, the transfer/postings of the following officers in the grade of Pr. Chief Commissioner of Income Tax/ Pr. Director Generals of Income […]

Non-service of Section 143(2) notice cannot be cured by Invoking Section 292BB

April 15, 2022 3969 Views 0 comment Print

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) This Court is in agreement with the Tribunal that Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Act. Section 292BB deals with failure of service of notice […]

Service Tax not leviable on fees paid to State Govt in respect of manufacture, import & sale of alcoholic liquor

April 15, 2022 2166 Views 0 comment Print

United Spirits Limited Vs Commissioner of Central Taxes (CESTAT Bangalore) CESTAT find that the adjudicating authority has confirmed the demand in respect of various fees paid to the State Government in respect of manufacture, import and sale of alcoholic liquor. The adjudicating authority, though dropped the demand on licence fee, but confirmed the demand on […]

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