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Limitation Cannot start to run unless right to receive a claim or refund crystallized

June 29, 2022 468 Views 0 comment Print

we find that Learned Commissioner (Appeals) denied the refund claims solely on limitation. There is no dispute of the fact that the goods have been exported by the appellant during the period April 2008 to March 2009 by utilizing the services on which service tax was payable for the exported goods.

No Tax payable for non-deduction of TDS when income of assessee is exempt

June 29, 2022 657 Views 0 comment Print

So far as the disallowance made by the ld. Assessing Officer under section 40(a)(ia) of the Income Tax Act is concerned, it is noted that since the income of the assessee is exempt under section 10(23C)(vi), therefore, any disallowance made under section 40(a)(ia) by the ld. Assessing Officer will only add to the income of the assessee, which otherwise is exempt under section 10(23C) as stated above.

Filing of paper appeal instead of e-Appeal is technical breach- ITAT direct CIT(A) to dispose such appeal on merits

June 29, 2022 288 Views 0 comment Print

Explore the Kalpesh Patel vs ITO case at ITAT Ahmedabad. Learn about the technical breach, CIT(A) dismissal, and the ITAT decision to grant an opportunity for e-appeal.

Article 7 cannot come into play unless interest income is directly or indirectly attributable to PE

June 29, 2022 525 Views 0 comment Print

On the facts of this case, however, all that the Assessing Officer has indicated is that the assessee had a permanent establishment (PE) in India during the relevant period and that there was presumably some connection between the interest income of the assessee and the existence of the permanent establishment.

Delegation of powers to extend time limit provided under rule 96A(1) of MGST Rules, 2017

June 29, 2022 639 Views 0 comment Print

Delegation of powers to extend time limit provided under rule 96A(1) of MGST Rules,2017 COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai 400 010, dated the 29th June 2022. Order MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017. No. D.C. (A and R)-2/GST/PWR/Sections/2017-18/ADM-8.—In exercise of the powers conferred by sub-sections (1) and (3) of […]

Capital gain arising from conversion of land into stock in trade is assessable in year of sale

June 29, 2022 852 Views 0 comment Print

The undisputed fact is that nothing has happened during the year under consideration, the impugned land was converted into stock in trade in earlier assessment year. It is not in dispute that the agreement between the assessee and Unitech is not an agreement for sale and it is not in dispute that there is no consideration.

GST: AAR TelanganaIn allows Multisorb Technologies India to withdraw application

June 29, 2022 321 Views 0 comment Print

In the reference 1st cited, M/s. Multisorb Technologies India Private Limited, Hyderabad, (36AAJCM1498A1ZI) has sought certain clarification by filing an application for Advance Ruling. The Case was posted for personal hearing on 06.04.2022 & 27.04.2022. However, in the reference 5th cited, M/s. Multisorb Technologies India Private Limited, Hyderabad, have informed that they intended to withdraw their application of Advance Ruling

Manufacturing exporters has little scope for utilization of accumulated CENVAT credit

June 29, 2022 516 Views 0 comment Print

Explore the CESTAT Mumbai ruling in Raychem RPG Pvt Ltd vs Commissioner of GST case on CENVAT credit refund. Detailed analysis of eligibility, rejection reasons, and legal perspective.

Fabrication of e-way bill on GST Portal: HC Grants Bail to Accused

June 29, 2022 543 Views 0 comment Print

The applicant also in a fraudulent manner created records on the GST website and fabricated e-way bills and other documents. Therefore, the applicants do not deserve to be released on bail and the applications deserve to be rejected.

Reopening reasons have to be read on standalone basis

June 29, 2022 429 Views 0 comment Print

Reopening reasons have to be read on standalone basis without any scope of addition, deletion or substitution therein even if supportive material emerges at a later stage.

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