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Judiciary

Reassessment Notice on Non-Existing Company is not legally Tenable

March 11, 2023 1188 Views 0 comment Print

Pranesh Dealmark Pvt. Ltd. Vs Union of India & ors. (Calcutta High Court) HC held that impugned notice has been issued in the name of the company which has already been amalgamated in.2020 and that the department has been intimated about this amalgamation which is matters of record and such notice in the name of […]

CESTAT reduces penalty for delay in Service Tax payment & Return filing considering financial difficulties

March 11, 2023 585 Views 0 comment Print

Triumph India Software Services Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Managing Director of the appellant-company, appeared in person and submitted that she was the Managing Director of the Company at the relevant time. Due to financial difficulties, they could not pay service tax as submitted during investigation. Regarding the appellant’s responsibility to […]

Income Tax Penalty u/s 271(1)(b) & 271F not leviable as reasonable cause shown

March 11, 2023 7953 Views 0 comment Print

ITAT Ahmedabad held that penalties under section 271(1)(b) and section 271F of the Income Tax Act are not leviable on reasonable cause demonstrated by the assessee.

Penalty u/s 271(1)(c) of Income Tax Act not leviable for mere rejection of claim

March 11, 2023 1398 Views 0 comment Print

ITAT Ahmedabad held that as all the particulars duly furnished by the assessee relating to source of investment, mere rejection of the claim of the assessee cannot invite levy of penalty under section 271(1)(c) of the Income Tax Act. Accordingly, penalty deleted.

Business Slips Seized from Third Parties in Search cannot be utilised for Assessment & Penalty: Kerala HC

March 11, 2023 549 Views 0 comment Print

HC held that data contained in business slips recovered from a person who was present at the time of inspection at premises and he had deposed that seized slips are not connected with assessee, has no evidentiary value for imposing penalty and making assessment under Kerala Value Added Tax Act,2003

Services of advertisement in print-media is exempt from service tax u/s 66D(g)

March 11, 2023 5307 Views 0 comment Print

CESTAT Delhi held that services of advertisement in print-media is exempt in terms of negative list of services under section 66D(g) of the Finance Act, 1994. Accordingly, service tax not leviable on the services of advertisement in print-media.

Penalty u/s 129(3) leviable in absence of fresh e-way bill when goods are transferred to another vehicle during conveyance

March 11, 2023 2772 Views 0 comment Print

Calcutta High Court held that penalty under section 129(3) of the West Bengal Goods and Services Tax Act, 2017 imposable on failure to generate a fresh e-way bill when goods are transferred from one vehicle to another during conveyance.

Reassessment unsustainable if full & true material disclosure during original assessment

March 11, 2023 1506 Views 0 comment Print

ITAT Chennai held that both the conditions u/s 147 of the Income Tax Act needs to be satisfied for initiation of re-assessment after four years from the end of the relevant assessment year. Here, as assessee has disclosed fully and truly all the material facts, re-assessment proceedings couldn’t be sustained.

Search & seizure proceedings invalid in absence of reasons to believe: SC

March 10, 2023 13161 Views 0 comment Print

Basic premise of Section 105 & search proceedings is reasonable belief that some objective material exists on record to trigger searches

No GST on issuance of Prepaid Payment Instrument vouchers

March 10, 2023 7518 Views 0 comment Print

Held that, the issuance of vouchers is similar to pre-deposit instruments, which have no inherent value of their own and therefore, it does not fall under the category of supply of goods or services. Hence, vouchers being neither goods nor services, are exempted from the levy of tax.

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