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CENVAT Credit cannot be denied on the ground that supplier was not liable to pay duty on goods supplied

August 3, 2021 1836 Views 0 comment Print

GEMSCAB Industries Ltd. Vs Commissioner Central Goods (CESTAT Delhi) In view of the observed admission and settled law, the question of adjudication is answered in negative holding that CENVAT Credit cannot be denied on the ground that the supplier was not liable to pay the duty on the goods supplied. Also it is observed that […]

No service tax on forfeiture of earnest money deposit & liquidated damages

July 26, 2021 2400 Views 0 comment Print

Steel Authority of India Ltd. Vs Commissioner of GST (CESTAT Chennai) Section 65B(44) defines service to mean any activity carried out by a person for another for consideration and includes a declared service. One of the declared services contemplated under section 66E is a service contemplated under clause (e) which service is agreeing to the […]

No Service Tax on Interest earned on gold loans

July 22, 2021 1821 Views 0 comment Print

Indian Overseas Bank Vs Commissioner of GST & Central Excise (CESTAT Chennai) Interest earned on gold loans is taxable and does not fall within negative list as Section 66D(n) of the Act excludes interest earned only on monetary Loans and advances, but not to lending of Gold. Revenue is of the opinion that only if […]

Advance ruling obtained by suppression of facts is void ab-initio

July 20, 2021 930 Views 0 comment Print

In re J K Food Industries (GST AAAR Gujarat) The appellant has submitted before us that the legality and propriety of the advance ruling issued by the GAAR is required to be examined in terms of section 98(2) of the CGST Act, 2017 and decision to be taken whether the said order is correct in […]

Assessee eligible to take re-credit of credit which was not required to be reversed

July 20, 2021 564 Views 0 comment Print

Central Warehousing Corporation Vs Commissioner of Central Taxes (CESTAT Chennai) The issue is with regard to the re-credit availed by the appellants on 29.03.2014 for an amount of Rs.20,83,773/-. As explained by the learned counsel for the appellants, the said re-credit is not adjustment of the excess reversal of proportionate credit in terms of Rule […]

Assessee cannot use proceedings u/s. 154 to file appeal against order passed u/s. 143(1)

July 15, 2021 22122 Views 0 comment Print

Navodaya Education Trust Vs DCIT (ITAT Bangalore) it is submitted that the CPC, Bengaluru made the impugned adjustment in its intimation u/s 143(1), erroneously and as such the same was rectifiable as per the provisions of section 154. The CIT(Appeals) has erred in confirming the the same and rejecting the rectification application filed by the […]

AAR MP allows ‘Gurubaba Food Products’ to withdraw applcation

July 15, 2021 516 Views 0 comment Print

In light of the application for the withdrawal of the application for advance ruling the Authority hereby agrees to the withdrawal of the application for the advance ruling without going into the merit of the case and passing any ruling on the issue for which advance ruling was sought for.

Sprinklers; drip irrigation system including laterals, PVC Pipes falls under CTH No. 8424

July 15, 2021 3618 Views 0 comment Print

In re Kriti Industries (India) Limited (GST AAR Madhya Pradesh) Applicant believes that the product ‘sprinkler system, drip irrigation system including laterals, P.V.C. Pipes, other components and accessories’ is classified under HSN 8424 and applicable tax rate is 12%, details as per the Notification No.01/2017- Central Tax (Rate) dated 28.06.2017 . The entry No. 195B […]

TDS Credit allowable in Years In Which Income is Assessable to tax

July 12, 2021 7965 Views 0 comment Print

DCIT Vs Sasken Network Engineering Limited (ITAT Bangalore) In terms of section 199, Rule 37BA provides that credit for tax deducted at source and paid to the Central Government shall be given for the Assessment Year for which such income is assessable. In case the income is assessable over a number of years, credit for […]

In absence of supportings HC upheld disallowance for expense via personal credit card of director

June 30, 2021 1134 Views 0 comment Print

Swan Silk Private Limited Vs ACIT (Karnataka High Court) The Assessing Officer with regard to claim disallowance of 50% of credit card expenses has held that the assessee has not adduced any evidence that drawings made by the Directors through their personal credit card are in fact, incurred for the purpose of business of the […]

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