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Service Tax on fixed contracted amount given to theater owner by distributor

January 3, 2023 1029 Views 0 comment Print

Cinepolis India Pvt Ltd Vs Commissioner of CGST (CESTAT Mumbai) These appeals of M/s Cinepolis India Pvt Ltd, against order-in-original no. MUM/CGST/MW/COMMR/AK/42-43/2020-21 dated 26th February 2021 of Commissioner of CGST, Mumbai West, arise from the unique deployment of constituents, that make up channel entities involved in exhibition of cinematographic films, in an arrangement by which […]

Refund to SEZ cannot be denied for approval of input services by approval committee

January 3, 2023 1269 Views 0 comment Print

Messrs Dic Fine Chemicals Pvt Ltd Vs C.C.E (CESTAT Ahmedabad) As regard the issue that whether the refund claim can be rejected on the ground that the input services on which the refund claim was made by SEZ is not approved by the approval committee. As per the facts of the present case the refund […]

HC set-aside ex party Order passed without mandatory 30 day notice -Section 74(A) of CGST

January 3, 2023 2235 Views 0 comment Print

Motiprabha Infratech Pvt. Ltd Vs Union of India (Patna High Court) Undisputedly, minimum statutory period of 30 days mandated under the provisions of Section 74(A) of CGST/BGST Act, 2017 was not afforded to the petitioner for making payment due and prior to the expiry of 30 days, the assessing officer proceeded to pass the order, […]

CESTAT discuses Restrictions by MEA on vessel imported for breaking purpose

January 3, 2023 684 Views 0 comment Print

KPG Enterprise Vs C.C.E. Jamnagar (prev.) (CESTAT Ahmedabad) The issue mainly involved is whether MEA S.O. 2158(E) dated 20.06.2016 prohibited the subject vessel imported for breaking purpose. The case of the department is that S.O. dated 20.06.2016 is issued in order to implement the UNSC resolutions and prohibited the subject vessel for entry into India […]

ITAT deletes addition for ESI contribution due to Typographical Mistake In writing year of deposit

January 3, 2023 687 Views 0 comment Print

Crawley & Roy Founders Engineers Pvt. Ltd Vs DCIT (ITAT Mumbai) In respect of addition made for delay in depositing of employees’ contribution to ESI, from the perusal of Form 3CD, we note that there is a typographical mistake in writing the year of deposit which has been mentioned as 2018 instead of 2017 as […]

Deemed Dividend – ITAT allows appellant to submit additional evidences before AO

January 3, 2023 813 Views 0 comment Print

Sanjay Subhashchand Gupta Vs DCIT (ITAT Mumbai) Assessee contended that the impugned amounts were taken for the purpose of business activities of the company and the advance of Rs.14,44,730/- from M/s. Rustogi Logistic Pvt. Ltd. and Rs.3,35,38,660/- from M/s. Rustogi Projects Private Limited and the same was received as business advances. The ld. AR further […]

Benefit of concessional rate of customs duty for importing equipment for its solar power project – HC grants interim relief

January 3, 2023 1377 Views 0 comment Print

A perusal of the communication dated 21.11.2022 would show that the benefit of the concessional rate of customs duty available to the petitioner for importing equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986

Service Tax on arrangement between theater owner and Film distributor

January 3, 2023 2163 Views 0 comment Print

Reliance Mediaworks Ltd Vs Commissioner of GST (CESTAT Mumbai) The arrangement most commonly entered into between a theater owner and a distributor is that the theater owner screens the movie for fixed number of days under a contract. The proceeds earned through sale of tickets go to the distributor but the theatre owner receives a […]

CESTAT directs Adjudicating Authority to pass a speaking order

January 3, 2023 1149 Views 0 comment Print

CESTAT restore the matter to the file of the Adjudicating Authority who shall pass a speaking order as per law after granting reasonable opportunities to the appellant and since the matter pertains to an earlier period which has travelled twice before this forum, the Adjudicating Authority shall pass a de novo order within a time-frame of 90 days from the date of receipt of this order by the respective Commissionerate.

HC dismissed writ filed against Penalty Order without filing any appeal against Assessment order

January 3, 2023 1158 Views 0 comment Print

Poddar Real Estates Pvt. Ltd Vs ITO (Calcutta High Court) By this writ petition petitioner has made prayer for cancellation of the impugned order dated 2nd December, 2016 passed under Section 144 read with Section 147 of the Income Tax Act, 1961 and subsequent penalty notice issued under Section 271(i) (c) of the Income Tax […]

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