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Judiciary

No Service Tax on Operational Charges to Owners of Power Plants

March 11, 2023 327 Views 0 comment Print

Operational Energy Group India Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) Issue whether service tax is required to be discharged on operational charges by the appellant has already been examined and decided in favour of the appellant by this Bench in the appellant’s own case vide Final Order No. 40104/2019 dated […]

A foreign national cannot be expected to do an unfeasible task before appeal filing

March 11, 2023 636 Views 0 comment Print

Paul Gerard Jenner Vs ITO (ITAT Dehradun) The appeal has been summarily dismissed by the ld. CIT(A) treating the appeal filed in manual Form as invalid and holding that the assessee was mandatorily required to file the appeal electronically. The assessee could not submit the appeal in electronic Form/online as it had to be verified […]

Extended period of demand cannot be invoked if confusion on classification of services at the end of department

March 11, 2023 393 Views 0 comment Print

Messrs Darcy Reservoir Consultancy Services P Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT gone through the records, various submissions made and the case laws cited before us. We find that the case laws cited (Supra) by the appellant squarely covers their activities under ‘Survey And Exploration Of Minerals Service’ and Department has sought to […]

Section 80IC deduction not eligible if manufacturing plant not installed in notified area

March 11, 2023 795 Views 0 comment Print

Parvatiya Plywood (P) Ltd. Vs ITO (ITAT Delhi) Assessee filed its return of income through e-mode on 30.09.2012 declaring NIL income. It is recorded by the Assessing Officer that the assessee has claimed deduction u/s 80IC of the Act, amounting to Rs.34,49,325/-. In respect of statutory notices, Ld.AR of the assessee attended the assessment proceedings. […]

HC denies anticipatory bail in alleged transfer of Income tax assessment under a criminal conspiracy

March 11, 2023 780 Views 0 comment Print

Akash Agarwal Vs Union of India through CBI (Jharkhand High Court) Apprehending his arrest, petitioner- Akash Agarwal @ Akash Aggarwal has moved this Court for grant of privilege of anticipatory bail in connection with RC AC1 2018A 0006 [corresponding to R.C.06(A)/2018-D] registered under Section 120-B of the Indian Penal Code read with Sections 7,8, 12 […]

Motor Vehicle tax on tractors/trailers owned by tea gardens & not used on public roads  

March 11, 2023 915 Views 0 comment Print

Sankos Tea Garden Vs The State of West Bengal and Ors (Calcutta High Court) The petitioner is a subsidiary unit of Goodricke Group Limited and engaged in production and manufacture of tea. It is the case of the petitioner that they operate as many as 22 numbers of vehicles of different nature like tractors, leaf […]

Corpus specific voluntary donations not taxable in case of unregistered trust

March 11, 2023 2253 Views 0 comment Print

When donations forming corpus of assessee’s trust received with specific purpose are capital in nature. ITAT held that corpus specific voluntary donations are not taxable in case of unregistered trust

GST on Transporting own Machinery from One place to other for Execution of Particular Work

March 11, 2023 14649 Views 0 comment Print

Where there is no sold or supply goods, goods can only be transported from one place to another with a delivery challans in lieu of tax invoice.

Income Tax Notice under section 148 against Dead Person is Invalid

March 11, 2023 9045 Views 0 comment Print

Prakash Tatoba Toraskar Vs ITO (Bombay High Court) In this case initial notice under Section 148 was in the name of the deceased and so was the subsequent communication dated 20 May 2022 purporting to be a notice in terms of Section 148A(b), it is settled law that notice issued under Section 148 of the […]

NFAC bound by decision of jurisdictional High Court or ITAT, where AO was situated

March 11, 2023 3786 Views 0 comment Print

Decision of jurisdictional high court with jurisdiction over AO should be followed and applied by NFAC. Relief should not be refused to taxpayer merely because there was a conflicting decision of a non-jurisdictional high court.

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