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Service Tax cannot be demanded from Service provider if recipient paid the same

May 3, 2023 1479 Views 0 comment Print

Lovely Traders Vs CCE & ST (CESTAT Chandigarh) Appellant submits that the appellant is not liable to pay service tax on the commission received by them. He further submits that BSNL has discharged service tax liability on full value equal to MRP (maximum retail price) which was inclusive of the appellant’s discount/ commission and hence […]

Appeal Filing delay cannot be condoned if Cause not supported by evidence

May 3, 2023 1056 Views 0 comment Print

Assessee has made a vague claim of medical reasons without any supporting evidences to justify his stand that he was suffering from ill-health and Doctors advised him to take rest.

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 795 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Section 148 notice without Higher Authority Approval is invalid

May 3, 2023 2484 Views 0 comment Print

Before issuance of notice under Section 148 of the Act, approval of the higher authorities is a mandatory statutory requirement.

Interest on deposits cannot be treated as business Income for Section 44AD

May 3, 2023 2820 Views 0 comment Print

Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such interest income

Alleged Willful disobedience of HC judgment : HC directs AO to Comply

May 3, 2023 906 Views 0 comment Print

Vivek Saxena Vs Ashish Verma, Chief Income Tax (Allahabad High court) The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 01.12.2022 passed by this Court in Writ Petition No. 16848 of 2022. It is […]

In case of port shift custom duty already paid at earlier port needs to be refunded

May 3, 2023 675 Views 0 comment Print

No adjustment on account of a different assessable value adopted at Pipavav Port cannot be made in the refund amount as the import and clearance made at Pipavav Port is an independent clearance made by different Assessing Officers.

No penalty for disallowance due to dispute on nature of expenses

May 3, 2023 1059 Views 0 comment Print

Read about Ansal Properties vs ACIT (ITAT Delhi) case. Penalty not sustainable on QIP and 80-IB disallowance. Full text of ITAT Delhi order

Advisory on GST Document Reference Number (RFN) in offline communications

May 2, 2023 6912 Views 0 comment Print

Facility of generation of Document Reference Number (RFN) and use of the same in all offline communications with the Taxpayers and other concerned persons relating to Goods and Services Tax

Excessive Liquidator Fees – IBBI imposes Penalty on liquidator

May 1, 2023 831 Views 0 comment Print

In view of the foregoing, the DC finds that Mr. Ravinder Kumar Goel has over-charged his fee by not deducting the liquidation cost from his fees computed as per regulation 4(2)(b) of Liquidation Regulations. Mr. Ravinder Kumar Goel should not have taken the fees on the amount payable to suppliers even though this was pending […]

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