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ITAT reduces disallowance for commission paid by stamp vendor to 25%

October 3, 2021 3081 Views 0 comment Print

Mushtak Khan Vs ITO (ITAT Indore) We observe that the assessee is into this business as stamp vendor since last many years and Appeal is against disallowance of commission expenditure claimed by the assessee to have been paid to various customers/registry consultants purchasing the stamp papers. Now as far as the expenditure for commission of […]

TDS not deductible on Sale of Recharge Coupons & Starter Kits

October 3, 2021 2430 Views 0 comment Print

ITO (TDS) Vs Tata Teleservices Limited (ITAT Delhi) ITAT held that the sale of recharge voucher coupons and starter kits and the discount offered to the distributors would not attract TDS provisions u/s 194H of the Act and as such no default U/s 201(1) of the Act can be attributed to the assessee. Sole issue […]

HC set aside Faceless Assessment Order as E filing Portal was not working

October 3, 2021 1407 Views 0 comment Print

Faqir Chand Vs National E-Assessment Centre (Delhi High Court) this Court is of the view that final assessment order has been passed in violation of principles of natural justice inasmuch as the petitioner did not have a reasonable opportunity to file a reply to the Show Cause Notice and draft assessment order dated 09th June, […]

TDS not deductible on Bank Guarantee Fee/Commission

October 3, 2021 5448 Views 0 comment Print

North Eastern Carrying Corporation Ltd. Vs ACIT (ITAT Delhi) ITAT held that assessee was not liable for deduction of tax at source on the bank guarantee fee/commission during the relevant period in absence of any principal agent relationship between the assessee and the bank. FULL TEXT OF THE ORDER OF ITAT DELHI This appeal by […]

Rejection of tender justified for not having GST registration when goods under Tender liable to GST

October 3, 2021 4287 Views 0 comment Print

A person is exempted from the requirement of registration if he is engaged in supplying only those goods and services which are exempt from registration and does not supply any other goods or services. If such a person deals in any other goods or services, he will not be eligible for such exemption.

No Service Tax on NSE/BSE Transaction Charges & SEBI Turnover Fees

October 2, 2021 3147 Views 0 comment Print

Monarch Research & Brokerage P Ltd Vs C.S.T.-Service Tax – Ahmedabad (CESTAT Ahmedabad) The issue involved in this case is whether NSE/BSE transaction charges and SEBI turnover fees paid by the stock brokers to the concerned agencies and recovered from their client is liable to service tax under the category of stock broker service. On […]

Addition based on 3rd party statement/evidence cannot withstand if proper opportunity of cross examination not provided to assessee

October 2, 2021 8733 Views 0 comment Print

Smt. Manorama Singhal Vs ITO (ITAT Indore) The Income Tax Appellate Tribunal (ITAT), Indore bench has held that the denial of opportunity to the assessee to conduct cross-examination of the parties who have stated to have received ‘on money from the sale of land would amount to a violation of natural justice principles. The Tribunal […]

Cenvat eligible on structural steel items used for fabrication of support structures for capital goods

October 2, 2021 2061 Views 0 comment Print

Jai Balaji Industries Limited (Unit IV) Vs Commissioner of Central Excise, Customs & Service Tax (CESTAT Kolkata) When we apply the user test to the case in hand, we find that the structural steel items have been used for the fabrication of support structures for capital goods. The appellants have argued that the various capital […]

Success Fees’ is Contingent & Speculative in Nature & Not form Part of IBC: NCLAT

October 2, 2021 744 Views 0 comment Print

Jayesh N. Sanghrajka Vs The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt. Ltd. (NCLAT Delhi) Appellant claiming that he had done excessively well to deserve Rs. 3 Crores of success fees, the Adjudicating Authority had made comments as to what was the scenario when it was supervising the CIRP. We […]

Department cannot decline to accept Finding of Commissioner (A) without challenging the same

October 2, 2021 657 Views 0 comment Print

Rocky Marketing Pvt. Ltd. Vs Joint Commissioner of GST & CE (In situ) (Madras High Court) The larger issue agitated by the petitioner relates to its entitlement for refund on the ground that excess tax has been paid by it, there are two issues that arise for separate determination. The first relates to whether there […]

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