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Judiciary

Conditional provisional release granted as goods are perishable in nature

April 19, 2023 546 Views 0 comment Print

Gujarat High Court held that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision. Accordingly, conditional provisional release of goods granted.

Deprival of benefit of stay u/s 112(9) GST Act due to non-constitution of Tribunal unjustified

April 19, 2023 849 Views 0 comment Print

Patna High Court held that the petitioner must be extended the statutory benefit of stay under Sub-Section (9) of Section 112 of the B.G.S.T. Act, for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.

No section 271B penalty when Assessee not Maintained Books of Account

April 19, 2023 1497 Views 2 comments Print

Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore) 271B Penalty- When the Assessee Has Not Maintained the Books of Account, There Is No Question of Getting the Books of Account Audited U/S 44AB Assessment was completed u/s 143(3) making  additions to the returned income u/s 44AD.  AO initiated penalty proceedings u/s 271A &  271B. […]

GST: Errors apparent on the face of record, are required to be rectified – Section 161

April 19, 2023 1290 Views 0 comment Print

By an order dated 08.04.2022 passed in RPG Polymers v. Commissioner of DGST Delhi and Anr. W.P.(C) 5849/2022, the Co­ordinate Bench of this Court had clarified that such errors, which are apparent on the face of the record, are required to be rectified under Section 161 of the Central Goods and Services Tax Act, 2017.

Whether payment made to builder for purchase of flats which is arbitrarily cancelled can lead to refund with compound interest

April 19, 2023 2838 Views 0 comment Print

Suneja Towers Private Limited & Anr. Vs Anita Merchant (Supreme Court) In these appeals by special leave, the appellants have essentially questioned a part of the common judgment and order dated 31.03.2022, as passed by the National Consumer Disputes Redressal Commission, New Delhi1 in Revision Petition Nos. 771 of 2020, 772 of 2020 and 773 […]

Microsoft Licenses fees not falls under the category of Royalty or Copy Rights

April 19, 2023 1578 Views 0 comment Print

ITAT Mumbai held that disallowance of roaming charges paid/ payable to other telecom operations u/s. 40(a)(ia) for non-deduction of tax at source u/s. 194J justified as national roaming process essentially involves decisive human intervention.

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 858 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling

April 19, 2023 1311 Views 0 comment Print

Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the […]

Addition for cash deposit during demonetization period by housewife of upto Rs. 250000 is invalid

April 19, 2023 756 Views 0 comment Print

Aroshi Jain Vs ACIT (ITAT Delhi) Circular No.03/2017 dated 21.02.2017 provides that no further clarification or verification is required to be made in a case of an individual when the deposited amount during demonetization period is upto Rs. 2,50,000/-. In the present case, the assessee who is a housewife having no other source of income […]

Service Tax not leviable on Ocean Freight: Calcutta HC

April 19, 2023 759 Views 0 comment Print

LCL Logistix India Private Limited Vs Union Of India And ANR. (Calcutta High Court) This intra-Court appeal filed by the appellant/writ petitioner is directed against the order dated 19th January, 2017 in WP No.3 of 2017. In the said writ petition, the appellant had challenged the order passed by the Commissioner, Service Tax (ii), Commissionerate, […]

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