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Inland Vessels [Prevention and Containment of Pollution] Rules 2022

February 22, 2022 1197 Views 0 comment Print

Existing inland vessels that undergo major conversion or modification shall comply with the requirements specified in these rules, as far as it is considered reasonable and practicable by the Designated Authority.

Modus operandi relating to short payment of GST on Coaching Services detected

February 21, 2022 3855 Views 0 comment Print

On the Anti-Evasion front, the Alwar CGST Commissionerate detected a modus operandi relating to short payment of GST on composite supply of Commercial Training or Coaching Services along with goods such as School Bags, Notebooks, T-Shirts, Sweat Shirts, Umbrellas etc. to their students.

ITAT allows filing of Additional Evidence before AO which were not submitted earlier due to Family Disputes

February 21, 2022 4653 Views 0 comment Print

Vatsal Navnitlal Parikh Vs ITO (ITAT Ahmedabad) We find that additional evidences are produced for the first time before the Tribunal. These documents were not filed before the lower authorities during assessment proceedings due to family disputes. Therefore, in the interest of justice, we deem it fit to remand the matter back to the file […]

Case not presented properly by Assessee due to Old age before AO & CIT(A): ITAT allows one more Opportunity

February 20, 2022 600 Views 0 comment Print

Dr. Mumtaz Ali Khan Afzal Vs Income Tax Officer (ITAT Hyderabad) From the facts of the case it appears that the assessee did not properly co-operate before the Ld. AO. However, considering the explanation rendered by the Ld. AR regarding the hardship faced by the assessee and since the assessee is a senior citizen, we […]

Service tax cannot be demanded on amounts incurred by HO towards salaries of Branch employees

February 20, 2022 2070 Views 0 comment Print

Cades Digitech Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) We find that the amounts incurred by the head office (HO) towards the salaries etc. of the employees working in their branches can by no stretch of imagination be equated to any service rendered to them by the respective branches. We find that in […]

Refund of Service Tax collected twice by department cannot be rejected on limitation ground

February 20, 2022 1854 Views 0 comment Print

Suraj Forwarders & Shipping Agencies Vs Principal Commissioner of GST & CE (CESTAT Chennai) The facts narrated as above establishes that service tax has been paid twice by the appellant for the very same taxable value. Though the department agrees that the earlier payment made by challan dated 05.01.2015 on the service tax registration number […]

Cenvat Credit Refund cannot be denied on Transition to GST

February 20, 2022 6189 Views 0 comment Print

Bharat Heavy Electricals Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) In this case here is no allegation raised by the department that the appellant is not eligible to avail credit of the duties / taxes paid on the inputs / input services. To put it more clearly, the appellant would be eligible […]

Deemed rent for unsold flats cannot be treated as Income of Developer

February 20, 2022 2334 Views 0 comment Print

ITAT Pune rules in favor of Ankit Enterprises, citing the treatment of unsold flats as stock-in-trade. Deemed rent addition not applicable.

CAAR closes application of ‘Jabil Circuit India Pvt. Ltd.’ for non-prosecution

February 19, 2022 999 Views 0 comment Print

In re Jabil Circuit (CAAR Mumbai) As applicant has failed to submit the requisite information and express their willingness to appear for personal hearing, CAAR order that the said application of M/s. Jabil Circuit India Pvt. Ltd. shall be treated as closed on the ground of non-prosecution. FULL TEXT OF ORDER OF CUSTOMS AUTHORITY OF […]

HC allows Refund of IGST lying in Electronic Credit Ledger

February 18, 2022 2922 Views 0 comment Print

Writ applicant could be said to be entitled to claim the refund of the IGST lying in the Electronic Credit Ledger as there is no specific supplier who can claim the refund under the provisions of the CGST Act and the CGST Rules as Input Tax Credit is distributed by the input service distributor.

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