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Section 56(2)(viia) cannot be invoked if Sales Price exceeds FMV

April 27, 2023 1044 Views 0 comment Print

Undisputedly, invoking the provisions of section 56(2)(viia) of the Act, the Assessing Officer has treated the difference between the sale price and FMV of the shares of the assessee as income of the assessee.

If duty is not collected separately, the price actually realized is deemed to be cum-duty price

April 27, 2023 1140 Views 0 comment Print

Issue involved in this case is valuation of waste/bye-product and the applicability of cum-duty price for the goods cleared. There is no dispute regarding liability of Central Excise duty.

Amendment in details of an authorized agency under Appendix 2E of FTP 2023

April 27, 2023 405 Views 0 comment Print

The name of Maharatta Chamber of Commerce & Industries, enlisted under Appendix 2E of FTP 2023, has been amended as `Mahratta Chamber of Commerce Industries and Agriculture’ and branch offices, address and contact details have been updated.

Service of transporting tractors cannot be treated as manpower supply Services

April 27, 2023 414 Views 0 comment Print

The appellants had to undertake the transportation of tractors from premises of Punjab Tractors Ltd to their dealers and in the bargain they may appoint drivers for the work. Appellants were required to take all responsibilities on the way.

Service tax collected but not deposited – Financial Crisis not a Reasonable Cause to invoke section 80 of Finance Act

April 27, 2023 699 Views 0 comment Print

Advancing reasons for non-payment of service tax even though collected, it has been submitted by the appellant that during the relevant period, they were under severe financial crisis. In my view, this cannot be a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government.

Section 194H TDS not deductible on Turnover Discount by Distributor to dealers

April 27, 2023 2220 Views 0 comment Print

ITO Vs Marda Associates (ITAT Kolkata) CIT (A) held that A.0. misunderstood that the benefit/ incentive/additional margin passed on by the appellant through credit notes was in the nature of commission. He further, misunderstood that discount/ additional margin could be given only on the invoice and not post invoice. It is submitted that the commission […]

Rejection of GST Refund for limitation: HC directs to consider SC orders

April 27, 2023 1680 Views 0 comment Print

Petitioner submitted that it is correct that for part of GST Refund Claim claim which has been rejected refund was sought after a period of two years

HC denies Permission to travel abroad as Bail Cancellation Application by GST dept is pending

April 27, 2023 1485 Views 0 comment Print

Request for permission to go abroad. HC rejected request only for one reason that application filed by department for cancellation of bail is pending before Court of Sessions.

Cenvat Credit eligible to Manufacturer on Scrap imported, Sold & Repurchased

April 27, 2023 525 Views 0 comment Print

Appellants are not the manufacturer of Aluminium scrap and they have only imported the scrap for manufacture of Aluminium ingots.

GST: HC sets aside Assessment Order violating Natural Justice Principle

April 27, 2023 663 Views 0 comment Print

HC held that orders of assessment suffer from violation of principles of natural justice. Correspondence between parties establishes that petitioner was co­operating with proceedings for assessment.

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