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Non-deduction of TDS on Sale of Share to Airtel by Vodafone- HC directs AO to determine whether it is a fit case for Reassessment

January 3, 2023 1191 Views 0 comment Print

Vodafone Mauritius Limited Vs ACIT (Delhi High Court) Ms Fereshte D. Sethna, who appears on behalf of the petitioner, says that the principal allegation against the petitioner is that the petitioner, which is a foreign company incorporated under the laws of Mauritius, had sold shares worth Rs.1295 crores, of an Indian company going by the […]

HC quashes Reassessment order passed without Considering Objections of Assessee

January 3, 2023 2973 Views 0 comment Print

Kailash Kedia Vs ITO (Orissa High Court) Learned counsel for the Petitioners have also assailed both the notice under Section 148-A(1)(b) of the Act as well as the consequential order under Section 148-A(1)(d) on several grounds including the ground of limitation, not considering the objections filed, not providing a personal hearing, non-application of mind to […]

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

January 3, 2023 1068 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 1299 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 2265 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 744 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 723 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 840 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 1437 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 2196 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 […]

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