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Judiciary

Issue of mandatory pre-consultation before Issue of SCN: Bombay HC stays SCN

March 29, 2023 4200 Views 0 comment Print

HC observed that against judgment of High Court of Delhi in case of Amadeus India Pvt. Ltd., appeal is pending before Supreme Court solely on the point of limitation. Thus, prima facie, Revenue has impliedly conceded that pre-consultation is mandatory.

Original assessment completed after considering all facts hence re-assessment unsustainable

March 29, 2023 1122 Views 0 comment Print

Bombay High Court held that reassessment proceedings u/s. 148 of the Income Tax Act is liable to be quashed and set aside as original assessment was completed after considering all the facts and material.

Liability of principal borrower and guarantors is joint and several in guarantee contract

March 29, 2023 3930 Views 0 comment Print

NCLT Chandigarh held in contract of guarantee, the liability of the principal borrower and guarantor(s) is joint and several. Even if, either the principal borrower or guarantor has been discharged then the other party would not stand discharged automatically till the liability is met out or discharged.

Profit margin forgone by assessee could not be held as expenditure for creating intangible or goodwill

March 29, 2023 1248 Views 0 comment Print

The profit margin forgone by assessee could not be held to be expenditure in creating intangible or goodwill as there was no expenditure incurred by assessee except those that were set out in the profit and loss account and disallowing such expenditure by AO and consequently arriving at a positive total income chargeable to tax was without any basis and not in accordance with law.

Deduction u/s 36(1)(va) available only if employees’ share is deposited by employer before due date

March 29, 2023 7350 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the provident fund and ESI fund is deposited by the employer before the due date stipulated in respective Acts.

GST exemption on manpower services to various Government

March 29, 2023 10824 Views 0 comment Print

In re Sankalp Facilities and Management Services Pvt. Ltd. (GST AAAR Gujarat) Whether the appellant is liable to pay GST on manpower services provided to the Central Government, State Government, Local authorities, Governmental authorities and Government entities? AAAR held the manpower supply by the appellant for housekeeping, cleaning, security, data entry operators etc. to various […]

GST rate on services by sub-sub-contractor to sub-contractor pertaining to irrigation, construction

March 29, 2023 24624 Views 0 comment Print

In re Shreeji Earth Movers (GST AAAR Gujarat) a) At what rate of tax the liability should be determined on services provided by appellant (sub-contractors) to the main contractor pertaining to the irrigation, construction and maintenance works to the irrigation department, State of Gujarat? b) Under which head we should classify our services to execute […]

Indian resident party of agreement liable to meet TDS obligation

March 29, 2023 612 Views 0 comment Print

CESTAT Chennai held that in agreements where one party is non-resident, it is responsibility of other Indian resident party to meet TDS obligation arising on account of the respective agreement.

Penalty not payable for service tax not paid on debatable issue

March 29, 2023 1215 Views 0 comment Print

There was a bona fide litigation going on as regards the nature of activity carried. As to whether activity carried amount to production so as to be covered under Business Auxiliary Services was a debatable issue

HC quashes Search Assessment based on unauthorized search 

March 29, 2023 1176 Views 0 comment Print

Admittedly, if a search is conducted by applying Section 153A of the Income Tax Act, there should be a specific authorization. In the instant case, admittedly, there is no warrant authorization to conduct search as per Section 132 of the Income Tax Act on the petitioner.

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