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Mere failure to pay tax will not constitute offence under Section 276C(2)

February 23, 2022 7089 Views 0 comment Print

S.P. Velayutham Vs ACIT (Madras High Court) Mere failure to pay the tax in time without any intention or deliberate attempt to avoid tax in totality or without any mens rea to avoid the payment, the word employed ‘wilful attempt’ cannot be inferred merely on failure to pay tax in time. If the intention of […]

Financier Liable to Pay Vehicle Tax from date of Taking Possession for Loan default: SC

February 22, 2022 2694 Views 0 comment Print

Mahindra and Mahindra Financial Services Ltd. Vs State of U.P. (Supreme Court) As per Section 2(h) of the Act,1997 read with Section 2(30) of the Act, 1988, even a person in possession of the vehicle under the hire-purchase agreement or an agreement of sell or an agreement of hypothecation can also be said to be […]

RBI cautions public against sRide Tech Private Limited

February 22, 2022 1008 Views 0 comment Print

It has come to the notice of RBI that sRide Tech Private Limited, is operating a semi-closed (non-closed) pre-paid instrument (wallet) through its car-pooling app (application) ‘sRide’ without obtaining the required authorisation from RBI under the provisions of the Payment and Settlement Systems Act, 2007.

Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022

February 22, 2022 5781 Views 0 comment Print

These regulations may be called the Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022. They shall come into force on the date of their publication in the Official Gazette.

Inland Vessels [Prevention and Containment of Pollution] Rules 2022

February 22, 2022 1893 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 4683 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 6006 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 813 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 2901 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 3294 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 […]

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