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One year section 11B limitation on refund claim not applicable due to overriding effect of CGST Act

March 17, 2022 3261 Views 0 comment Print

Jai Mateshwaari Steels Pvt Ltd Vs Commissioner, CGST- Dehradun (CESTAT Delhi) Section 142(3) of CGST Act, provides that after the appointed day (30th June 2017) every claim for refund of any duty, tax, interest, etc., under the existing law shall be disposed of in accordance with the provisions of the existing law and any amount […]

One Time Settlement payment default due to CoVID: SC grants relief

March 17, 2022 2577 Views 0 comment Print

Ganga Foundations Pvt. Ltd. Vs The State Bank of India (Supreme Court of India) The petitioner had availed loan from the State Bank of India. Since, there was default in repayment of the loan, the petitioner entered into a One Time Settlement under the OTS Scheme with the bank in November, 2020. The petitioner, out […]

CSR Expenditure Prior to A.Y. 2015-16 was allowable expense

March 17, 2022 1749 Views 0 comment Print

Mysore Minerals Ltd. Vs DCIT (ITAT Bangalore) AO noted that assessee has incurred above expenses towards corporate social responsibility as per Companies CSR Rules 2014. He was of the view that under the existing provisions of the Income-tax Act, expenditure incurred wholly and exclusively for the purposes of the business is only allowed as a […]

Annual Kerala Flood cess return date extended to 30.04.2022

March 17, 2022 2889 Views 0 comment Print

Annual Kerala Flood cess return date extended to 30.04.2022 from earlier date of 15th of March 2022. KERALA STATE GOODS AND SERVICES TAX DEPARTMENT NOTIFICATIONS [No. 2/2022–STATE TAX] CT/6815/2021-GSTINFO4 Thiruvananthapuram, 17/03/2022 In exercise of the powers conferred by second proviso to rule 6 of the Kerala Flood Cess Rules, 2019, the Commissioner of State Tax, […]

6.63 crore ITRs & 99.27 lakh forms filed on new e-Filing portal

March 17, 2022 1170 Views 0 comment Print

More than 6.63 crore Income Tax Returns (ITRs) and 99.27 lakh statutory forms filed on the new e-filing portal of the Income Tax Department More than 6.63 crore Income Tax Returns (ITRs) were filed for AY 2021-22 on the new e-filing portal of the Income Tax Department as on 15th March, 2022, which was the […]

Consideration for mere resale/use of computer software through EULAs/distribution agreements is not Royalty

March 17, 2022 1284 Views 0 comment Print

GE Intelligent Platforms Asia Pacific Pte Ltd Vs A.C.I.T (ITAT Delhi) ITAT held that amounts paid by resident Indian end-users/distributors to non-­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the […]

HC quashes section 148 Notice & directs AO to pass reasoned & speaking order

March 17, 2022 2106 Views 0 comment Print

HC directs Ao to pass a reasoned and speaking order after giving an opportunity of hearing to the petitioner or its authorised representative within eight weeks from the date of communication of this order and all further proceedings will depend upon the final out come of the order to be passed by the respondents on the aforesaid representation.

HC direct CIT(A) to pass speaking order while rejecting petition for stay of demand

March 17, 2022 1479 Views 0 comment Print

Majumder Global IP Vs Union of India (Calcutta High Court) Facts involved in the instant case in brief is that the petitioner being aggrieved by the assessment order in question filed the statutory appeal before the Commissioner of Income Tax (Appeals) sometimes in the month of October 25, 2021 and petitioner makes an innocuous prayer […]

Cenvat Credit of Service tax allowed on Trading activity prior to 01.04.20211

March 17, 2022 2691 Views 0 comment Print

Adani Energy Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) The Cenvat credit on input services was denied on the ground that the input services were also used in PNG Sale i.e. trading activity. Since the input services were not used for providing of output services, the Cenvat credit used in such activity was denied. We […]

Despite existence of alternative remedy in case of violation of principles of natural justice HC can accept writ petition

March 17, 2022 4473 Views 0 comment Print

Bharat Mint And Allied Chemicals Vs Commissioner Commercial Tax (Allahabad High Court) The stand taken by the respondents in the counter affidavit that the writ petition is not maintainable as the petitioner has an alternative remedy of appeal under Section 107 of the Act, can also not be accepted inasmuch as it is settled law […]

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