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Service Tax & Penalty imposed in absence of Consignment note related to GTA: HC allows one more opportunity

April 19, 2023 912 Views 0 comment Print

Treveni Cargo Movers Pvt. Ltd. Vs Union of India and Others (Punjab and Haryana HC) On asking of the Court, Mr. Rishabh Kapoor, Advocate-Sr. Standing counsel-CBIC, accepts notice on behalf of the respondent(s) and states that in the absence of production of consignment notes, the impugned order which is an appealable order, has been correctly […]

Reassessment order passed during pendency of Scrutiny Assessment: HC issues Notice

April 19, 2023 2031 Views 0 comment Print

Commencement of reassessment proceedings while the scrutiny assessment proceedings were on.10.1 Petitioner had taken an objection in that regard, which seems to have escaped the mind of the AO while passing the order under Section 148A(d) of the Act.

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 1083 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Service Tax not leviable on Ocean Freight: Calcutta HC

April 19, 2023 954 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 2643 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 1749 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 5493 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 927 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 636 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 1950 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 […]

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