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Judiciary

Pre-Assessment notice in Form DRC 01 not issued: HC quashed Assessment Order

April 19, 2023 1410 Views 0 comment Print

My Home Industries Pvt. Ltd. Vs State Tax Officer (Medras High court) The main ground on which order dated 14.05.2020 passed in terms of the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 (in short ‘TNGST Act’) is assailed is that no pre-assessment notice/show cause notice was issued prior to passing of […]

No service tax on Construction of Complex Services by co-op housing society to its members 

April 19, 2023 786 Views 0 comment Print

The issue on merit that whether the service of construction of complex provided by the appellant’s cooperative housing society to its members is eligible to service tax or otherwise has been settled in favour of the appellant. It was informed by the learned counsel that the Hon’ble High Court’s judgment (supra) has been accepted by the revenue.

ITAT allows stamp duty paid on sale by builder – Section 43CA not triggered

April 19, 2023 2565 Views 0 comment Print

ACIT Vs Mahavir Infracon Pvt. Ltd. (ITAT Raipur) Admittedly, it is a matter of fact borne from record that the assessee company which is engaged in the business as that of a developer, had in order to promote its sales incurred expenses towards stamp duty and registration fees with respect to the properties sold by […]

Conviction based on single statement without recovery of any incriminating document during search is unjustified

April 19, 2023 1509 Views 0 comment Print

Supreme Court held that conviction based on statement of single person without recovery of any incriminating documents/ articles during search is unjustified. Non-recovery during search obviously benefits the appellant.

Benefit of TOLA 2020 not available to first proviso to Section 149(1)(b) of Income Tax Act

April 19, 2023 3081 Views 0 comment Print

Gujarat High Court held that in respect of the proceedings where the first proviso to Section 149(1)(b) is attracted, the benefit of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act, 2020 (TOLA 2020) will not be available to the revenue.

Huawei India is permanent establishment of Huawei China in India

April 19, 2023 1278 Views 0 comment Print

ITAT Delhi held that co-ordinate bench in assessee’s own case in earlier assessment years duly hold that Huawei India is permanent establishment of Huawei China in India. Based on norms of judicial discipline the same is implied in the present assessment too.

No Service Tax if completion certificate issued before July 01 2010 for Mall construction

April 19, 2023 627 Views 0 comment Print

H.C. Buildcon Pvt. Ltd. Vs Commissioner, Central Excise & CGST Alwar (CESTAT Delhi) As regards the second submission regarding the certificate dated March 31, 2010 issued by the Regional Manager, RIICO, a perusal of the said certificate would show that it was issued by the Regional Manager RIICO in connection with the commercial plot allotted […]

Provision of warranty allowable as agreement has in-built warranty clause

April 19, 2023 663 Views 0 comment Print

Calcutta High Court held that Tribunal duly examined the terms and conditions of the agreement and found that warranty clause is in-built. Accordingly, provision of warranty is duly allowable.

Procedure u/r 7 of Anti-Dumping Rules cannot be bypassed by resorting to RTI

April 19, 2023 423 Views 0 comment Print

Delhi High Court held that procedure prescribed under rule 7 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 is to be followed for any party (including the person who participated in the anti-dumping investigation) requires any information. Rule 7 procedure cannot be bypassed by resorting to RTI.

Bombay High Court on validity of Section 13(8)(b) & Section 8(2) of IGST Act

April 19, 2023 5700 Views 0 comment Print

Dharmendra M. Jani Vs Union of India (Bombay High Court) HC held that provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of IGST Act only and the same cannot […]

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