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Pre-delivery inspection charges includible in assessable value if inspection is mandatory for sale of goods

May 8, 2023 945 Views 0 comment Print

CESTAT observe that pre-delivery inspection charges are includible in the assessable value when such pre-delivery inspection is mandatory and an essential condition for the sale of the goods

SC allows tax exemption to Trust Registered in year 1987 despite not applying for registration in 1997

May 8, 2023 1629 Views 0 comment Print

Assessee continued to be granted the exemption under Section 12A of the Act. It is the case on behalf of the appellant that till 1987 there was no requirement of issuance of any certificate of registration of Section 12A and only filing an application for registration under Section 12A and processing the same by the Department was sufficient.

Rule 5 of Cenvat Credit Rules cannot be invoked to sanction refund of unutilized Cenvat credit

May 8, 2023 1275 Views 0 comment Print

Adjudicating Authority has not committed any error while holding that Rule 5 of Cenvat Credit Rules, 2004 cannot be invoked to sanction the refund of unutilized Cenvat credit lying with the appellant much prior to April, 2017 that too in cash as per Section 140 of CGST Act, 2017.

SC directs Delhi Govt to contribute Rs 500 cr from ECC for Delhi -Meerut RRTS project

May 8, 2023 576 Views 0 comment Print

An application has been filed by the Government of NCT of Delhi for permission to utilize Rs.500 crores of Environment Compensation Charge (ECC) Fund towards the payment of Delhi -Meerut RRTS project.

Section 234A interest in case of return filed U/s. 148 leviable from date of Section 148 notice

May 8, 2023 9285 Views 0 comment Print

CIT(A) was not right in levying interest under Section 234A of the Act when the return was filed under Section 148 itself and therefore, the interest should be charged from the date of notice under Section 148 of the Act itself and not from the date of return filed under Section 139 or it is due date under Section 139.

GST Rate on Bonus for Employees of Company Providing Canteen Services paid by recipient

May 8, 2023 4911 Views 0 comment Print

Service recipient is claiming that, they have to charge @5% by considering the reimbursement of expenses as Part of Canteen Service and they are not ready to accept it as separate service.

Cash deposited during demonetization: ITAT allows deduction of returned income against peak credit balance

May 8, 2023 4875 Views 0 comment Print

Jatinderpal Singh Vs ITO (ITAT Amritsar) Relying on the decision of ITAT Amritsar in the case of Kulwant Singh v. ITO in ITA No. 519/Asr/2014 dated 19.02.2015 appellant submitted that the credit of the income returned by the assessee should have been allowed from the peak credit balance sustained by the CIT(Appeal). It was submitted […]

HC allows travel abroad to accused as no evidence of not returning back

May 7, 2023 408 Views 0 comment Print

Shawn Anthony Mendonca Vs State of Maharashtra (Bombay High Court) 1. The applicant/accused is facing trial for offences punishable under Sections 354A, 509, 504 and 506 of the Indian Penal Code, by this application, is challenging the Order dated 17/07/2019 passed by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai rejecting his application for permission […]

Blasting services classifiable under works contract services

May 6, 2023 945 Views 0 comment Print

Commissioner Central Excise & Central GST Vs Navdeep Traders (CESTAT Delhi) Issue- whether the activity of the respondent is a works contract service and thus the value of the blasting material/explosives is to be excluded from the amount received by the assessee for blasting at customers site for excavation of sand stone. The respondent – […]

Orissa HC stays demand as GST Appellate Tribunal not constituted

May 6, 2023 981 Views 0 comment Print

Sundar Pravat Das Vs Joint Commissioner of State Tax (Orissa High Court) Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure subject to the Petitioner depositing entire tax demand within a period of fifteen days from […]

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