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Appeal not maintainable if necessary interested parties not been impleaded as respondents

May 5, 2023 642 Views 0 comment Print

The necessary interested parties had not been impleaded as respondents in these four appeals. In view of the request made by learned counsel for the appellants time was granted to move appropriate applications for impleading the remaining interested parties as respondents in the four appeals.

If calculation basis is wrong than is no way, such figures & calculation can be upheld

May 5, 2023 663 Views 0 comment Print

When the very basis of the calculation is wrong, we find that there is no way, such figures and calculation can be upheld.

Assessee can discharge duty by utilizing Cenvat Credit – Rule 8 (3A) is ultra vires

May 5, 2023 1032 Views 0 comment Print

Words ‘without utilizing Cenvat Credit’ in Rule 8(3A) are ultra vires which means that assessee can discharge duty by utilizing Cenvat Credit.

Commission on fuel surcharge cannot be included in basic Air fare for Service Tax

May 5, 2023 765 Views 0 comment Print

An airline may pay commission inter alia on various items, apart from the basic fare, which are indicated clearly in the ticket issued to a traveller. The basic fare is clearly indicated, followed by various other charges in such ticket. Hence, in our view, when the basic fare is so specifically indicated, the authorities cannot add or delete anything to the same to say that the basic fare should also include those other things.

Service tax payable on commission for disbursement of EPF and ESI

May 4, 2023 792 Views 0 comment Print

State Bank of India Vs C.C. E. & S.T.–Surat (CESTAT Ahmedabad) find that the services provided by the appellant are in relation to the disbursement of EPF and ESI. Notification No. 13/2004-ST dated 10.09.2004 provides following exemption: “…. exempts taxable service provided by a banking company or a financial institution including a non-banking financial company, […]

Royalty payment for IPR services not liable to Service tax on RCM

May 4, 2023 1251 Views 0 comment Print

The dispute in the present case is relating to the liability of the appellant under IPR service on Reverse Charge Mechanism (RCM).

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1524 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

Pre-existing Disease (PED) Coverage in Health Insurance

May 4, 2023 2451 Views 0 comment Print

We may look sound and healthy, but health emergencies do not give prior notice. We are witnessing a rise both in health risks and medical inflation.

DTAA between India and Chile notified by CBDT

May 3, 2023 4002 Views 0 comment Print

Notification No. 24/2023- Income-Tax Dated: 03rd May, 2023 under section 90(1) of Income tax Act, 1961 regarding Agreement and Protocol between the Government of the Republic of India and the Government of the Republic of Chile for the Elimination of Double Taxation and the Prevention of Fiscal Evasion and Avoidance with respect to taxes on […]

GST search authorization (INS-01) and inspection notices shall use RFN

May 3, 2023 5025 Views 0 comment Print

Tax officers have been directed that communications to be made/documents to be sent by tax offices to taxpayers and other concerned persons namely search authorization (INS-01) and inspection notices in the course of any enquiry/investigation proceeding shall use RFN.

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