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Income cannot be assessed at 10% when assessee was allowed to charge only 5% as per mandate of Government

March 12, 2023 1650 Views 0 comment Print

DCIT Vs Jharkhand State Beverages Corporation Ltd (ITAT Ranchi) The undisputed facts are that the assessee is engaged in the business of procurement and supply of IMFL, FMFL as well as country made liquor and other similar products and as per Government mandate the assessee is authorized to charge 5% on MRP on the wholesales […]

Cenvat Credit eligible to insurer on services tax on commission charged by automobile dealers

March 12, 2023 858 Views 0 comment Print

ICICI Lombard General Insurance Company Ltd Vs Commissioner of CGST And Central Excise (CESTAT Mumbai) In this case, it is an undisputed facts that the automotive dealers had paid service tax on the nature of services described in the invoices issued to the appellant; that payment of service tax by such dealers have been accepted […]

Revenue cannot deny Cenvat Credit without proving that activity has no nexus with output services

March 12, 2023 1332 Views 0 comment Print

Since, the show cause notice was issued by Revenue, burden of proof was on Revenue to establish that the hiring of halls and hotel rooms had no nexus with the output services. Whereas the finding as recorded by both the original and appellate authorities did not indicate that the burden of proof is discharged by Revenue.

No deemed rent addition for property which is not habitable

March 12, 2023 2175 Views 0 comment Print

Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata) CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding only mentioned about the two properties owned by the assessee and confirmed the addition made by ld. AO. However, ld. AO did not make any addition for Deemed Rental Income for the […]

Link Aadhaar FAQs & How to link Aadhaar and PAN

March 11, 2023 227841 Views 1 comment Print

Section 139AA of the Income Tax Act provides that every individual who has been allotted a permanent account number (PAN) as on the 1st day of July, 2017, and who is eligible to obtain an Aadhaar number, shall intimate his Aadhaar number in the prescribed form and manner.

Section 80IC deduction not eligible if manufacturing plant not installed in notified area

March 11, 2023 1200 Views 0 comment Print

Parvatiya Plywood (P) Ltd. Vs ITO (ITAT Delhi) Assessee filed its return of income through e-mode on 30.09.2012 declaring NIL income. It is recorded by the Assessing Officer that the assessee has claimed deduction u/s 80IC of the Act, amounting to Rs.34,49,325/-. In respect of statutory notices, Ld.AR of the assessee attended the assessment proceedings. […]

Income Tax: Section 271E Penalty cannot be Imposed Mechanically

March 10, 2023 990 Views 0 comment Print

Devinder Gupta & Sons (HUF) Vs CIT (ITAT Delhi) It is an admitted position that the assessee had taken loan from the lender in the earlier years, a part of which has been repaid during the year albeit in cash. The amount of loan has been consequently reduced. A confirmation whereof from the lender has […]

Fraudulent Export – Negligence of CHA – CESTAT reduces Penalty

March 10, 2023 687 Views 0 comment Print

Parthiv V Dave Vs C.C. (CESTAT Ahmedabad) CESTAT find that the exporter has made a serious offence by mis-declaring the quantity i.e. against 30,000 pairs declared in the export document only physical quantity found 405 pairs. Moreover, the value was also shown exorbitantly high. I find that though the appellant has acted as CHA and […]

Rajasthan GST: Guidelines for reimbursement of late fee

March 10, 2023 2772 Views 0 comment Print

Guidelines for reimbursement of late fee payable and deposited under Section 47 by registered taxable person under Rajasthan Goods and Services Tax Act, 2017 for the period from April 2021 to March 2022.

GST under RCM applicable on tobacco leaves/bhukko from agriculturist

March 9, 2023 6702 Views 0 comment Print

In re JCP Agro Process P Ltd. (GST AAR Gujarat) In case of purchase of tobacco leaves/bhukko from the agriculturist, the applicant is liable to pay GST on RCM basis at 5% [2.5% CGST and 2.5% SGST] in terms of[Notification No. 1/2017-Central Tax (Rate), dated 28-6-2017], Sr. No. 109 of Schedule I. Applicant is liable […]

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