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CBIC notifies Customs Exchange rate for Import & Export wef 5.5.2023

May 4, 2023 10428 Views 0 comment Print

CBIC notifies Customs Exchange rate for Import & Export with effect from 5th May, 2023 vide Exchange rate vide Notification No. 33/2023 – Customs (N.T.) Dated : 04th May, 2023. . GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS NEW DELHI ***** Notification No. 33/2023-Customs (N.T.) | […]

Appointment of CAA in respect of SCNs issued to M/s Hi-tech Equipment Services

May 4, 2023 744 Views 0 comment Print

Appointment of Common Adjudicating Authority (CAA) in respect of SCNs issued to M/s Hi-tech Equipment Services vide Order No. 06/2023- Service Tax Dated: 4th May, 2023. F.No. CBIC-2401 37/3/2023-SERVICE TAX SECTION-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs CX & ST Wing Order No. 06/2023- Service […]

CESTAT upheld dismissal of time barred appeal against sanction of SAD Refund

May 4, 2023 1560 Views 0 comment Print

Commissioner (Appeals) has discussed the reasons for dismissing the appeal filed by the Department as time barred. The Department had not produced any evidence to show the date on which the Reviewing Authority received the Order-in-Original.

Service Tax not leviable on Incentives for achieving Sales Targets

May 3, 2023 1929 Views 0 comment Print

Incentive received for achieving sales target is in the form of a trade discount and same cannot be considered as a service under business auxiliary service category for levy of service tax

No restriction on utilization of Cenvat credit during default period: CESTAT Kolkata

May 3, 2023 939 Views 0 comment Print

CESTAT find that the demand in the instant case has been raised for contravention of Rule 8(3A) ibid restricting utilization of Cenvat credit during the period of default which provision has been declared ultra vires/invalid by Court, hence the demand cannot be sustained and the Appeal, thus, succeed on this count.

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

May 3, 2023 1818 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 1434 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 1116 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 3222 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 4485 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

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