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Section 107 of GST- 4 Months may be 121 or 122 days – HC

May 11, 2023 1830 Views 0 comment Print

Shri Ram Ply Product Vs Addl. Commissioner (Allahabad High Court) Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 provides that an appeal, against any decision or order passed under this Act or the State Goods and Services Tax Act by the adjudicating authority, may be filed before appellate authority within the […]

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 789 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 552 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

Reversal of Cenvat credit at appellate stage before CESTAT complies notification no. 5/2006-CE 

May 10, 2023 480 Views 0 comment Print

Acme Ceramics Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that reversal of credit and payment of interest thereon, can be adjusted from the payment of Rs. 2 lacs already made by the appellant. We find that the Tribunal/Court in the judgments cited by the appellant held that even if the assessee agreeing to reverse […]

HC directs restoration of appeal on deposit of pre-deposit amount under Section 35F of Central Excise Tax, 1944

May 10, 2023 1125 Views 0 comment Print

Active Ads Vs State of West Bengal & Ors. (Calcutta High Court) HC find that this matter does not warrant to be heard on affidavits. The appeal was dismissed only on the ground of failure of the petitioner to make the pre-deposit. Taking a lenient view as to the default as the same will non-suit […]

Reassessment triggered on a change of opinion as to calculation of tax payable is invalid

May 10, 2023 735 Views 0 comment Print

HC find no substance in AO’s reason to believe that income chargeable to tax has escaped assessment in as much as there is no mention of any tangible material that led to his conclusion. The entire process is triggered on a change of opinion as to the calculation of tax payable by the assessee.

Classification of Chromecast with Google TV

May 10, 2023 1239 Views 0 comment Print

On examining the functions of ‘Google Chromecast’ and ‘Chromecast with Google TV’ as stated in the aforesaid paras vis-a vis the material information available in the public domain

GST: HC refuses to remand the matter to AO as alternative remedy available

May 10, 2023 663 Views 0 comment Print

Sourav Satapathy Vs Commissioner of CT & GST (Orissa High Court) Court finds that the petitioner has approached this Court challenging the demands raised by the authority vide Annexure-7 and Annexure-8. The contention of the petitioner is that he has already paid the amount vide Annexure-5 series. If the contention of the petitioner, that he […]

Levy of charges on forex prepaid cards/store value cards/travel cards

May 9, 2023 1281 Views 0 comment Print

Few Authroised Persons are levying certain fees/charges, which are payable in India on such instruments, in foreign currency. It is advised that fees/charges payable in India have to be denominated and settled in Rupees only.

Mere Interest waiver will not Vitiate Genuineness of Loan Transaction

May 9, 2023 846 Views 0 comment Print

Merely the parties agreed to not to charge/pay interest on loan will not vitiate the genuineness of such loan transaction unless and until the revenue brought some cogent material on record to prove that such transaction of loan is not genuine.

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