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Commission on fuel surcharge cannot be included in basic Air fare for Service Tax

May 5, 2023 483 Views 0 comment Print

An airline may pay commission inter alia on various items, apart from the basic fare, which are indicated clearly in the ticket issued to a traveller. The basic fare is clearly indicated, followed by various other charges in such ticket. Hence, in our view, when the basic fare is so specifically indicated, the authorities cannot add or delete anything to the same to say that the basic fare should also include those other things.

Service tax payable on commission for disbursement of EPF and ESI

May 4, 2023 480 Views 0 comment Print

State Bank of India Vs C.C. E. & S.T.–Surat (CESTAT Ahmedabad) find that the services provided by the appellant are in relation to the disbursement of EPF and ESI. Notification No. 13/2004-ST dated 10.09.2004 provides following exemption: “…. exempts taxable service provided by a banking company or a financial institution including a non-banking financial company, […]

Royalty payment for IPR services not liable to Service tax on RCM

May 4, 2023 771 Views 0 comment Print

The dispute in the present case is relating to the liability of the appellant under IPR service on Reverse Charge Mechanism (RCM).

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1227 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

Pre-existing Disease (PED) Coverage in Health Insurance

May 4, 2023 1737 Views 0 comment Print

We may look sound and healthy, but health emergencies do not give prior notice. We are witnessing a rise both in health risks and medical inflation.

DTAA between India and Chile notified by CBDT

May 3, 2023 2301 Views 0 comment Print

Notification No. 24/2023- Income-Tax Dated: 03rd May, 2023 under section 90(1) of Income tax Act, 1961 regarding Agreement and Protocol between the Government of the Republic of India and the Government of the Republic of Chile for the Elimination of Double Taxation and the Prevention of Fiscal Evasion and Avoidance with respect to taxes on […]

GST search authorization (INS-01) and inspection notices shall use RFN

May 3, 2023 2442 Views 0 comment Print

Tax officers have been directed that communications to be made/documents to be sent by tax offices to taxpayers and other concerned persons namely search authorization (INS-01) and inspection notices in the course of any enquiry/investigation proceeding shall use RFN.

Section 112(b)(ii) of Customs Act – Mens rea important for imposing penalty

May 3, 2023 1863 Views 0 comment Print

mens rea is an important ingredient for imposing penalty on the persons enumerated in Section 112(b) of the Customs Act, 1962.

Good cannot be treated as smuggled Merely for foreign origin of goods

May 3, 2023 432 Views 0 comment Print

Mere fact that foreign origin of goods does not ipso facto lead to inevitable conclusion that the same are of smuggled character

CHA Licence cannot be revoked if No Explicit Findings that CHA Abetted in Contravening Customs Act Provisions

May 3, 2023 741 Views 0 comment Print

Tribunal has come to a conclusion that no explicit findings have been given by the other Adjudicating Authority to the effect that the present Appellant has abetted in contravening any provisions of Customs Act.

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