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Service tax on non-refundable contribution made by member of SPV units

March 5, 2021 717 Views 0 comment Print

The brief facts of the case are that the appellant M/s Gujarat Eco Textile Park Limited floated integrated textile park under the scheme of integrated textile parks (SITP) formed by the Government of India (Ministry of Textiles).

ITAT allows Debit note received in Subsequent Assessment Year for difference in price

March 4, 2021 828 Views 0 comment Print

DCIT Vs Charotar Gas Sahakari Mandali Limited (ITAT Ahmedabad) Briefly stated, the assessee is a co-operative society and engaged in providing CNG Gas and purchase and sale of natural gas to domestic and commercial consumers and earns commission on CNG. In the course of the scrutiny assessment, the AO observed that a revised return was […]

IGST refund cannot be denied for higher rate of duty drawback claim

March 4, 2021 3417 Views 0 comment Print

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) It was held that the refund of the IGST paid on the exports cannot be denied on the ground that the higher rate of duty drawback is claimed and circulars are issued only to clarify the statutory provision and it cannot alter or […]

Section 153A Assessment invalid if No independent application of mind by JCIT before granting section 153D approval

March 4, 2021 2784 Views 0 comment Print

ACIT Vs Mittal Roadways Pvt. Ltd. (ITAT Jabalpur) From the above correspondence between the A.O. on one hand and the JCIT on the other hand and the letter addressed by the JCIT to the Commissioner clearly shows that it was at the stage of discussion and the JCIT could not able to make his mind. […]

Addition for unexplained cash deposit by CIT(A) justified -ITAT Delhi

March 4, 2021 4125 Views 0 comment Print

Shri Praveen Garg Vs ITO  (ITAT Delhi) There is no dispute with regard to the legal proposition that the First Appellate Authority cannot consider new source of income. However, in the present case the A.O. reopened the assessment because it was found that there were cash deposits in several Bank accounts of the assessee which […]

Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 7017 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

No Section 194IA TDS on payment not related to transfer of immovable property

March 2, 2021 3639 Views 0 comment Print

Prestige Estates Projects Ltd. Vs ACIT (ITAT Bangalore) In our opinion, even if it is advance payment, it is not linked to the transfer of immovable property as enumerated in Section 194-IA of the Act, since the condition laid down in Section 2(47)(v) of the Act was not complied with within the meaning of Section […]

Revenue expense with no enduring benefit allowable in the year of incurrence

March 1, 2021 3609 Views 0 comment Print

DCIT Vs Hinduja Leyland Finance Ltd. (ITAT Chennai) In the present case, entire expenditure has been incurred at the beginning of the sanctioning of term loan and also qualifies to be revenue expenditure. Therefore, in our considered view the decision of the Hon’ble Supreme Court in the case of M/s. Taparia Tools Ltd. (supra) is […]

PVC Carpet Mat is applicable to rate of GST at 18% (9% each of CGST & SGST)

March 1, 2021 7095 Views 0 comment Print

In re Soft turf (GST AAAR Kerala) AAAR held that impugned goads viz. PVC carpet Mat would fall in the Customs Tariff heading 3918 and applicable rate of GST would be 18% (9% each of CGST and SGST). However, this order is restricted to the types of PVC floor coverings/Carpet/Mats being manufactured by the Applicant […]

Service Recipient not eligible to obtain GST Advance Ruling

February 26, 2021 675 Views 0 comment Print

In re Chennai Metropolitan Water Supply and Sewerage Board (GST AAR Tamil Nadu) t is seen that the applicant seeks ruling as to whether the services received by them are Pure Services to avail exemption under Sl.No. 3 of Notification No. 12 /2017-C.T.(Rate) dated 28.06.2017. The admissibility of the application was examined during the hearing […]

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