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ITC admissible on GST paid on GTA service despite empty travel of vehicle during return journey

June 7, 2022 1440 Views 0 comment Print

ITC is admissible to Vadilal, on GST paid on GTA service supplied to it, despite the fact that refrigerated vehicles travelled empty during the return journey as Vadilal has paid an agreed freight to the GTA for its service and this agreed freight was inclusive of both onward and return journey (round trip).

DGFT relaxes provision of submission of ‘Bill of Export’ for Advance Authorisation

June 7, 2022 2241 Views 2 comments Print

Relaxation in provision of submission of ‘Bill of Export’ as an evidence of export obligation discharge for supplies made to SEZ units in case of Advance Authorisation.

HC dismisses appeal filed against GST registration cancellation after 18 Months

June 5, 2022 1293 Views 0 comment Print

Rajdhani Security Force Pvt. Ltd Vs Union of India (Madhya Pradesh High Court) Section 107 (1) of GST Act provides that an appeal can be preferred within a period of three (3) months from the date of the order, while Section 107 (4) of the Act stipulates that the Appellate Authority, if satisfied that the […]

Section 271(1)(c) penalty not imposable if notice mentions both limbs

June 5, 2022 2151 Views 0 comment Print

DCIT Vs Ambuja Neotia Holdings Pvt. Ltd. (ITAT Kolkata) ITAT find that the notice u/s 274 read with Section 271(1)(c) dated 13.08.2015 has been issued in a mechanical manner and in standard format without mentioning one of the two limbs on which the penalty was proposed to be levied. In other words, the notice mentioned […]

Service tax on Supply of bedroll kits to passengers on behalf of IRCTC

June 5, 2022 1176 Views 0 comment Print

Hakamichand D & Sons Vs C.S.T. Service Tax (CESTAT Ahmedabad) Appellant has supplied bedroll kits to passengers of Air-Conditioned class and other classes on behalf of IRCTC. As per the contract with IRCTC, the Appellant has to compulsorily provide the bedroll kit to passengers on demand. For the said services a monthly bill was raised […]

Section 14A disallowance not considerable for Book Profit computation

June 5, 2022 2100 Views 0 comment Print

Tega Industries Limited Vs DCIT (ITAT Kolkata) Assessee has contended that disallowance under section 14A ought not to have been considered for computing the book profit under section 115JB of the Act, we find merit in the assessee’s contention. Special Bench of Delhi Tribunal in the case of ACIT –vs.- Vireet Investment Pvt. Limited (165 […]

SEZ unit entitled to refund on services not listed as a specified services in list approved by Approval Committee

June 5, 2022 1254 Views 0 comment Print

Intas Pharmaceuticals Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) SEZ Act allows duty free receipt of services required for the authorized operations. Notification No. 12/2013-ST provides the route of refund of such service tax paid. There is no requirement of approval of any specified service by approval committee in the SEZ Act. Requirement arise only […]

Section 12A registration cannot be denied for receipt of fund From Foreign Entity

June 5, 2022 1353 Views 0 comment Print

Share India Vs CIT (ITAT Hyderabad) A careful examination of clause (1)(b)(ii) of section 12AA, cited above, clearly indicates that the Ld. CIT(E) shall refuse registration only if he is not satisfied about the objects and the genuineness of the activities of the institution. A perusal of the order passed by the Ld. CIT(E) demonstrates […]

GST: Vehicle cannot be seized For Want of Second E-Way Bill if First Was Valid

June 4, 2022 1152 Views 0 comment Print

Assistant Commissioner Vs Ashok Kuamr Sureka (Calcutta High Court) We need not go into the controversy as to whether there was a break down of the vehicle, etc. The case has to be approached by considering the bona fides of the transaction as to whether the case warrants detention of the goods and collection of […]

Awareness on Upgradation of Registered users in V2 to Business User in V3 MCA 21

June 3, 2022 690 Views 0 comment Print

Ministry of Corporate Affairs has migrated to a new version – Version 3 of the MCA portal. All users have to be registered as Business Users to be able to submit forms on MCA Portal (except for Run LLP and Fillip forms which can be submitted by Registered Users).

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