CESTAT find that Adjudicating Authority has denied classification of service under Works Contract solely on the basis that appellant have not produced any evidence to show that the appellant have been paying VAT/ Sales Tax on the execution of contract.
Deepak Shriniwas Mantri Vs ITO (ITAT Pune) This appeal by the assessee arises out of the order dated 26-09-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi in relation to the assessment year 2008-09. 2. I have heard both the sides and gone through the relevant material on record. It is seen that […]
Record shows that reassessment proceedings have been triggered based on information received by respondent/revenue via a Tax Evasion Petition (TEP).
SC in Bharat Sanchar Nigam Ltd vs. Union of India, held that both sales tax & service tax cannot be made applicable on same transaction
Assessee society would be entitled for deduction u/s. 80P(2)(d) of the Act in respect of interest received from cooperative banks.
Shangri-La International Hotel Management Pte Vs ACIT (ITAT Delhi) The next common issue arising for consideration is taxability of reimbursement of expenses as FTS both under the provisions of the Act as well as India-Singapore DTAA. As could be seen from the draft assessment order, alleging that the assessee did not provide the break up […]
Amount deposited in PLA is an advance kept by assesses with exchequer & only when an amount is debited in PLA it is treated as payment of duty
Uniform Enterprise Vs C.C.E. & S.T. – Daman (CESTAT Ahmedabad) CESTAT find that show cause notice was issued demanding service tax under the head of Industrial or Commercial Construction Service and in the adjudication order also the service tax demand was confirmed under the same heading. However, the learned Commissioner (Appeals) travelling beyond the show […]
Mr Chawan clarifies that the concern is not about past dues, but about any incidence of tax on what the Petitioner now proposes. But if that is so, then clause (d) is entirely unjustified. It says nothing at all about tax liabilities. It only attempts to block the Petitioner from transacting the property because of the pendency of this Writ Petition. That is surely unreasonable, because the fact that this Writ Petition is pending cannot possibly be a clog on title.
Show cause notice must clearly state allegations that concerned noticee has to meet. Any notice that does not qualify this criterion, cannot be considered as a SCN
