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Judiciary

Notification imposing GST on fare of auto rickshaws booked via electronic platforms like UBER is valid

April 17, 2023 1926 Views 0 comment Print

Delhi High Court held that Notifications withdrawing the exemption from the ECOs and making the levy of GST, on the fare of non-air-conditioned stage carriage ticket booked through the electronic platform like UBER is constitutionally valid.

Expenditure incurred for electricity load extension charges are revenue in nature

April 17, 2023 1818 Views 0 comment Print

ITAT Kolkata held that the electricity load extension charges are allowable as revenue expenditure. Accordingly, addition towards the same is unjustifiable and liable to be set aside.

Interest income can be justified as accrued only when there is certainty of its receipts

April 17, 2023 3558 Views 0 comment Print

ITAT Mumbai held that income can be said to have accrued only when there is certainty of receipts. Accordingly, impugned interest income cannot be said to be accrued as recovery of principal amount is also doubtful.

Amount directed to be deposited in PM National Relief Fund for non-appearance before AO & CIT(A)

April 17, 2023 426 Views 0 comment Print

ITAT Hyderabad held that as assesse failed to appear before AO as well as before CIT(A) despite numerous opportunities, matter remanded back to CIT(A) subject to cost of Rs. 10,000 to be deposited in Prime Minister National Relief Fund.

Cash gift at the time of marriage supported merely by affidavit – ITAT confirms addition partially

April 17, 2023 1332 Views 0 comment Print

Merely filing of the affidavit is not sufficient to prove the capacity and source of the persons who has given money to the assessee.

CENVAT on Rent-A-Cab & Outdoor Catering availed for employees transportation & food is available

April 17, 2023 1179 Views 0 comment Print

CESTAT Mumbai held that Service Tax paid by the assesses under Rent-A-Cab Service and Outdoor Catering Service provided to its employees to transport them to the factory and back and to provide food to employees fall under input services and are entitled for CENVAT Credit.

Charging tax on entire gross receipts without deducting expenditure is unjustifiable

April 17, 2023 2724 Views 0 comment Print

ITAT Bangalore held that charging the income tax on the entire gross receipts without giving effect of the expenditures incurred by the assessee towards earning of the income.

Addition unsustainable as exemption not claimed in preceding year as application of income on purchase of assets

April 17, 2023 372 Views 0 comment Print

ITAT Bangalore held that no exemption has been claimed by the assessee in the preceding year as application of income on the purchase of fixed assets. Accordingly, addition doesnot survive.

If last working day is holiday then authority can undertake compliance on next working day

April 17, 2023 2889 Views 0 comment Print

ITAT Ahmedabad held that as per provisions of section 10 General Clause Act, if last working day happens to be a holiday then the authorities concerned have been given power to make the necessary compliance on the next working day.

Transfer of technical know-how and patent under slump sale is not leviable to service tax

April 17, 2023 1503 Views 0 comment Print

CESTAT Ahmedabad held that transfer of technical know-how and patent etc. are in pursuance to the slump sale and not by way providing the service do not fall within the definition of Scientific and Technical Consultancy Service and Intellectual Property Service. Accordingly, demand of service tax not sustainable.

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