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CENVAT eligible on Architect Service, Telephone Expenses for Hotel Construction

April 17, 2023 291 Views 0 comment Print

Architect service, telephone expenses were input services and therefore Service Tax paid on said services is eligible as CENVAT Credit

No section 271B penalty if non-audit was due to Bonafide Belief that Accounts need not be Audited

April 17, 2023 2259 Views 0 comment Print

Section 273B of the Act, squarely applies and since assessee has a reasonable cause for not getting books of account audited, he should not be visited by penalty u/s 271B

No service tax section 78 penalty in revenue neutral situation

April 17, 2023 1365 Views 0 comment Print

CESTAT find that since there is no intention of the appellant to evade any duty as the appellant have discharged the service tax and utilized the same though incorrectly but it was a revenue neutral situation as the appellant is otherwise entitled for the refund of the same amount. Hence, in absence of any mala fide penalty under section 78 is not imposable. Therefore, the penalty imposed under section 78 is set aside.

Penalty imposed for not filing declaration for commencement of business

April 17, 2023 1341 Views 0 comment Print

Penalty for failure to file declaration for commencement of business in e-form INC-20A within 180 days from the date of incorporation.

ROC, Hyderabad struck off name of 431 companies from Register of Companies

April 17, 2023 1530 Views 0 comment Print

ROC, Hyderabad removed/ struck off from the Register of Companies name of 431 companies on this day of 17.04.2023 and the said companies stand dissolved – Public Notice STK-7 dated 17.04.2023 u/s 248(5) of the Companies Act, 2013 in respect of 431 companies in ROC, Hyderabad. Form No. STK — 7 PUBLIC NOTICE [Pursuant to […]

No bar in cross utilisation of Cenvat credit for payment of Central Excise duty or service tax

April 17, 2023 1116 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Tax & Customs (Appeal) (CESTAT Hyderabad) HC held that the appellant have rightly taken credit in view of Rule 2(l) of CCR which entitles a manufacturer to claim Cenvat credit on input services utilise in manufacture of dutiable taxable goods. HC  further hold that there is no bar in […]

Enhancement of holding tax: Orissa HC directs fresh adjudication

April 16, 2023 1047 Views 0 comment Print

There is no dispute through Annexure-1 that the earlier assessment assessing the Petitioner’s building by the Sambalpur Municipal Corporation as it was then operating raising the holding tax to Rs. 1,19,858/- and the proposal for further assessment is only made by way of notice dated 22.2.2023 enhancing the holding tax from Rs.1,19,858/- to Rs. 3,12,609/- per annum.

No service tax on Business Auxiliary Service utilized outside India to foreign principal

April 16, 2023 630 Views 0 comment Print

Service Tax not payable on ‘Business Auxiliary Service’ provided to a foreign principal, which has been utilized outside India

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 2967 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Section 9(1) of IBC mandate filing of CIRP application 10 days after receipt of demand notice by Corporate Debtor

April 16, 2023 2307 Views 0 comment Print

Provisions of Section 9 of IBC mandates Operational creditor to file CIRP application against Corporate Debtor after expiry of 10 days from date of receipt of demand notice by Corporate Debtor,

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