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Service Tax not leviable on Ocean Freight: Calcutta HC

April 19, 2023 753 Views 0 comment Print

LCL Logistix India Private Limited Vs Union Of India And ANR. (Calcutta High Court) This intra-Court appeal filed by the appellant/writ petitioner is directed against the order dated 19th January, 2017 in WP No.3 of 2017. In the said writ petition, the appellant had challenged the order passed by the Commissioner, Service Tax (ii), Commissionerate, […]

Best judgment assessment – Assessing Officer must act honestly

April 19, 2023 2187 Views 0 comment Print

In best judgment assessment Assessing Officer must not act dishonestly or vindictively & honestly & fairly estimate proper assessment figure

Reasons recorded for reopening are to be examined on a standalone basis

April 19, 2023 1428 Views 0 comment Print

Reasons, as recorded for reopening reassessment, are to be examined on a standalone basis to determine validity of section 147 proceedings

Section 54 exemption cannot be denied for acquiring new house in wife’s name

April 19, 2023 5229 Views 0 comment Print

ITAT held that acquisition of new house in wife’s name would not jeopardise Section 54 exemption claim of assessee as sale proceeds is utlised for construction of house property

‘e-Way bills’ expired during transit – HC Quashes Penalty order

April 19, 2023 741 Views 0 comment Print

‘e-Way bills’ expired during transit and petitioner was not in a position to ask for its renewal to competent authority when vehicle entered into territory of State of Tripura.

Erroneous calculation of GST Refund claimed during transition phase – HC allows Filing of Fresh Calculations 

April 19, 2023 456 Views 0 comment Print

Sondeep Paul Vs Union of India & Ors. (Calcutta High Court) The writ petition has been filed alleging inaction of the West Bengal State Rural Development Agency (in short ‘WBSRDA’), which is an agency under the department of Panchayat and Rural Development. The petitioner is granted liberty to incorporate the State of West Bengal through […]

No service tax on Works Contract Service Prior to 01.06.2007

April 18, 2023 1380 Views 0 comment Print

Pawan Edifice Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute on the fact that the appellant have been providing the construction of residential complex along with material and they have paid the VAT to the State Government. In this regard, they have also produced the VAT returns. In […]

Amnesty scheme for Advance & EPCG authorization holders – Amendment

April 18, 2023 2292 Views 0 comment Print

All pending cases of the default in meeting Export Obligation (EO) of authorizations mentioned in para (I) above can be regularised by the authorisation holder on payment of all customs duties that were exempted in proportion to unfulfilled Export Obligation and interest payable is capped at maximum of 100% of such duties exempted on which interest is payable. However, no interest is payable on the portion of Additional Customs Duty and Special Additional Customs Duty.

Central Excise Act One year limitation not applies to Service Tax paid under Protest

April 18, 2023 978 Views 0 comment Print

CESTAT held that under Section 11B(1) of Central Excise Act, 1944, the period of one year will not apply if assessee paid duty under protest.

Reassessment based on Tax Evasion Petition: HC refers matter back to AO

April 18, 2023 1113 Views 0 comment Print

Record shows that reassessment proceedings have been triggered based on information received by respondent/revenue via a Tax Evasion Petition (TEP).

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