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Appellant not attended hearing due to Covid-19 – ITAT set-aside Ex-parte order

March 29, 2022 1746 Views 0 comment Print

Jeyaraman Senthil Kumar Vs DCIT (ITAT CHENNAI) On perusal of the appellate order, we find that the ld. CIT(A) has given several opportunities and the assessee could not appear before the ld. CIT(A) due to circumstances beyond his control being COVID-19 pandemic period. Hence, we are of the opinion that one more opportunity should be […]

HC Quashes Non-Speaking Order Passed in violation of principles of natural justice

March 29, 2022 3441 Views 0 comment Print

Subhatosh Majumdar Vs Union of India (Calcutta High Court) On perusal of the impugned assessment order, I find the same is non­speaking also. Though this Court is very reluctant to entertain any writ petition against any assessment order which is an appeallable order, but in view of patent violation of principles of natural justice and […]

HPVAT: Lump-sum payment of composite tax U/s. 16(2) cannot be equated with powers of State U/s. 62(5)

March 29, 2022 960 Views 0 comment Print

Pooja Cotspin Limited Vs State of Himachal (Himachal Pradesh High Court) The first proviso to Section 62(5) of the Himachal Pradesh Value Added Tax Act, 2005 enables the State to issue notification and allow any dealer to avail of any incentive on tax, if such incentive has been declared by the State before the commencement […]

Warranty obligation expenses cannot be treated as ‘fees for technical services’

March 29, 2022 14130 Views 0 comment Print

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai) The submissions of Ld. AR are that warranty expenditure is part of overall sales obligations and the expenditure is reimbursed on actual basis. The warranty obligation being part and parcel of sales transactions and therefore, the same could not be held to be ‘fees for technical […]

Section 271C penalty not leviable for non-deduction of TDS on Provisions

March 29, 2022 4497 Views 0 comment Print

ACIT Vs Parsons Brinckershoff India Pvt. Ltd (ITAT Delhi) We find the JCIT in the instant case levied penalty of Rs.98,92,242/- u/s 271C on the ground that the assessee has not deducted TDS on certain expenses for which provision of Rs.9,92,66459/- was created in its books of account. We find the Ld. CIT(A) deleted the […]

Custom House Agent liable to deduct TDS on payments to CFS Agents

March 29, 2022 26064 Views 0 comment Print

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]

NSDL revises Instruction for Filling Common Application Form

March 29, 2022 1584 Views 0 comment Print

Common Application Form (CAF) will be available for the FPI applicants on the website(s) of the Depositories viz. NSDL (www.nsdl.co.in) or (www.fpi.nsdl.co.in) and CDSL (www.cdslindia.com)

AAR reject application as question raised in the application was pending

March 29, 2022 447 Views 0 comment Print

Aakash Food Products Private Limited (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

AAR Telangana cannot pass ruling for Place of Supply Outside Telangana

March 29, 2022 924 Views 0 comment Print

In re Growthmode Consulting Limited (GST AAR Telangana) As seen from the material papers submitted by the applicant, the place of supply of service under Section 12(2) of the IGST Act is in the State of Maharashtra and therefore this AAR is not the appropriate forum in terms of Section 96 of the CGST Act, […]

HC explains distinction between ‘Attachment of Property’ & ‘Charge over Property’

March 29, 2022 6669 Views 0 comment Print

Shree Radhekrushna Ginning And Pressing Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) HC explains that Attachment creates no charge or lien upon the attached property. It merely prevents and avoids private alienations; it does not confer any title on the attaching creditors. There is nothing in any of the provisions of the Code […]

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