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No Service Tax on Screening films in multiplex on Revenue Sharing basis: SC

March 13, 2022 5280 Views 0 comment Print

Commissioner of Service Tax Vs Inox Leisure Ltd. (Supreme Court of India) Supreme Court upheld the order of CESTAT and held that Service Tax is not payable by Appellant on  Screening films in their multiplex on Revenue Sharing basis. Earlier CESTAT held that the appellant is not liable to pay Service Tax for Screening of […]

Appellate authority shall decide appeal on merits despite absence of assesse

March 13, 2022 1236 Views 0 comment Print

The appellate authority has to decide the appeal on merits even in the absence of assessee and not to dismiss it for default.

Loss due to forfeiture of security deposits given for lease of rental premises allowable

March 13, 2022 9204 Views 1 comment Print

ACIT Vs Benetton India Pvt. Ltd. (ITAT Delhi) The assessee submitted that the advances written off is not a capital loss as it is written off as security deposits against the shops obtained on rent. Such write off of security deposits was incidental to the business of the assessee and was for running its operations. […]

Section 54F- Source of funds is irrelevant & Possession date is Purchase date 

March 13, 2022 13431 Views 1 comment Print

ITAT Mumbai held that for claiming exemption under section 54 Date on which possession is by the Assessee  should be taken as the date of purchase and further section only require Assessee to purchase/Construct a residential house within the specified period and source of funds is quite irrelevant.

GST: Vehicle owner cannot be foisted with vicarious liability of any mis-declaration/fraud by owner of goods

March 12, 2022 1980 Views 0 comment Print

Court held has held that the principle of vicarious liability can not be extended indefinitely. In the present case also to force the owner of the conveyance to pay the tax, penalty and fine on the goods would mean that the owner of the conveyance is also foisted with the vicarious liability of any mis-declaration/fraud by the owner of the goods despite the proviso engrafted on to Sub Section 2 of Section 130 of the Act.

Karnataka Sales Tax: Commissioner, BBMP not empowered to attach property

March 12, 2022 1551 Views 0 comment Print

Prashanthi Affiliates Vs Deputy Commissioner of Commercial Taxes (Karnataka High Court) The main contention of the learned counsel appearing for the petitioner before this Court is that the learned Special JMFC (Sales Tax) Court ought not to have issued the order of attachment of property through BBMP Commissioner. The learned counsel for the petitioner brought […]

Excavation & removal of over burden & mining of ore falls under Mining Services

March 12, 2022 3387 Views 0 comment Print

Associated Soap Stone Distributing Company Pvt Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) In the present case, the issue to be decided is that the service in question is classifiable under the category of Site Formation and clearance, Excavation and Earth Moving and Demolition service as contended by the revenue or under the category of […]

Central Excise Act, 1944- Purchase & Sale includes transfer between two sister units

March 12, 2022 2916 Views 0 comment Print

Hindustan Coca Cola Beverages Pvt Ltd. Vs Commissioner, Central Excise & GST (CESTAT Delhi) Learned Counsel for the appellant has mentioned that they had purchased a generator set in the year 2004 which was used by them at their Jaipur plant. After 12 years of its use, since the Jaipur plant got closed that the said […]

HC cannot interfere with finding of facts if it involves re-appreciation of evidence

March 12, 2022 1302 Views 0 comment Print

CIT (Exemptions) Vs Shugan Chandra Kothari Trust (Delhi High Court) It is settled law that an appeal under Section 260A of the Act is to be entertained only when it directly and substantially affects the rights of the parties or is not free from difficulty or call for discussion of alternative views or the factual […]

CBIC Notifies Rate of Exchange of Turkish Lira wef 12.03.2022

March 11, 2022 1110 Views 0 comment Print

CBIC notifies Rate of Exchange of Turkish Lira against Indian Rupees with effect from 4th January, 2022 vide Notification No. 16/2022 – Customs (N.T.) | Dated: 11th March, 2022. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS New Delhi ***** Notification No. 16/2022 – Customs (N.T.) | Dated […]

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