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Judiciary

Demand of excise duty in respect of semi-finished goods not sustainable

March 28, 2023 705 Views 0 comment Print

CESTAT Chennai held that the demand of duty in respect of semi­finished goods cannot sustain. Accordingly, the duty paid thereon is duly refundable.

Filing of Form No. 67 is a procedural directory requirement in nature

March 28, 2023 1323 Views 0 comment Print

ITAT Kolkata held that filing of Form 67 is directory in nature. Accordingly, benefit of relief of withholding tax credit in Tanzania against the tax liability arising in India allowed.

Royalty payment and R&D on royalty both allowable as revenue expenditure

March 28, 2023 1071 Views 0 comment Print

ITAT Delhi held that royalty payment and R&D cess on royalty is interlinked. As royalty payment is allowed as revenue expenditure, R&D cess is also allowable as revenue expenditure.

Capital gain on sale of land covered u/s 50C of Income Tax Act is to be assessed separately

March 28, 2023 921 Views 0 comment Print

ITAT Jaipur held that capital gain on sale of land as covered under the provisions of section 50C of the Income Tax Act is to be assessed separately.

Services provided by Ernst & Young India to overseas EY Entities is export of service

March 28, 2023 3756 Views 0 comment Print

Ernst And Young Limited Vs Additional Commissioner CGST (Delhi High Court) In the present case, the petitioner has provided professional services in terms of the service agreements to overseas entities (EY Entities). It had issued the invoices for the said services directly to EY Entities and had received the invoiced consideration from EY Entities, in […]

Assessment under section 153 without opportunity of hearing to Assessee is invalid

March 28, 2023 1452 Views 0 comment Print

Manishkumar Tulsidas Kaneriya Vs ACIT (Gujarat High Court) Section 144,  contemplates providing the assessee an opportunity of being heard before making assessment. The First Proviso mentions that such opportunity shall be given by the assessing officer by serving notice to the assessee, mentioning date and time for completion of the assessment to the best of […]

Reopening by merely quoting Insight portal information is invalid

March 28, 2023 4707 Views 0 comment Print

The impugned notice, other than merely quoting that the Insight portal contains information as stated by the Assessing Officer in his reasons for the re­opening, does not further investigate the information or come to an independent assessment connecting the petitioner to the particular transactions specified in the information.

18% GST payable on Civil contract services to IIT Madras

March 28, 2023 1326 Views 0 comment Print

In re ESVEE Constructions (GST AAR Tamilnadu) What is the applicable rate of tax under CGST Rules for the Civil Contract Services (SAC 995414) undertaken / to be undertaken to our customer M/s IIT, Madras (GST No.33AAAAI3615GlZ6) by us with effect from 01.01.2022 by virtue of amendment to Notification No. 11/2017 C.T (Rate) vide Notification […]

IGST rate on supply of Mattress to any Hostel of Educational Institutions

March 28, 2023 816 Views 0 comment Print

Mattresses, classified by the applicant under HSN 940429, supplied by the applicant in the State of Tamil Nadu to any hostel of educational institutions in other State is liable to IGST @ 18% vide serial number 438 under Schedule III of Notification No. 1/2017 IT (Rate) dated 28.06.2017, as amended by Notification No.43/2017 IT(Rate) dated 14.11.2017.

HC restrained Institute of Cost Accountants from using ‘ICAI’ acronym

March 28, 2023 16176 Views 0 comment Print

Delhi High Court restrained Institute Of Cost Accountants Of India from using ICAI acronym, a trademark which stands registered in favour of Institute of Chartered Accountants of India

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