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Judiciary

Extended service tax demand gets applicable only when there is deliberate mis-statement/ suppression of facts

February 23, 2023 1158 Views 0 comment Print

Delhi High Court held that extended service tax demand invoking proviso to Section 73(1) of the Act would be applicable on account of mis-statement or suppression of facts only if the same was deliberate and for the purposes of evading payment of duty.

Dues of income tax department classifiable as secured creditors

February 23, 2023 3804 Views 0 comment Print

NCLAT Delhi held that the dues of income tax department are Government dues and they are secured creditors.

Banks cannot invoke Section 171 of Indian Contract Act to recover pending dues from a deceased customer

February 23, 2023 10050 Views 0 comment Print

Whether bank may exercise and invoke banker’s Rights of Lien as per Section 171 of Indian Contract Act, 1872 to settle dues from deceased person in case deceased person has taken a loan?

Reopening of assessment despite full & true disclosure of material facts is unjustifed

February 23, 2023 1113 Views 0 comment Print

Bombay High Court held that reopening of assessment in absence of failure on the part of the assessee to disclose fully and truly the material facts and also in absence of any tangible material is unjustifiable.

Disciplinary proceedings against VAT officer merely based on suspicion is unjustified

February 23, 2023 1164 Views 0 comment Print

Allahabad High Court held that the disciplinary proceedings against an officer VAT Commissioner cannot take place on information which is vague and indefinite and suspicion has no role to play in such matters when the department has taken a conscious decision not to challenge the order passed by the appellant and has allowed the same to attain finality.

No tax on distribution revenue received as ‘Royalty’ if same already offered as income under MAP

February 23, 2023 618 Views 0 comment Print

Distribution revenue earned by assessee had already offered income as business income in terms of the Mutual Agreement Procedure (MAP) holding that 10% of the advertising and subscription revenue received from India should be deemed to be the net profit chargeable to tax in India, therefore, the additions made by AO were deleted.

Denial of credit of TDS which duly pertains to assessee not permissible

February 23, 2023 4371 Views 0 comment Print

ITAT Mumbai held that the Department cannot swallow tax paid by the assessee and deny credit of tax deducted, which pertains to the assessee. AO cannot simply decline the credit of TDS. AO directed to allow the TDS credit after due verification.

No excise duty chargeable on scrap of pipes generated during repair/ maintenance of pipes

February 23, 2023 546 Views 0 comment Print

CESTAT Delhi held that pipes, used in manufacture- production of oil needs repair- replacement, are capital goods. Hence, no excise duty can be charged on the scrap of the pipes produced- generated during the repair or maintenance of the pipes.

GST on renting of residential premises used as guest house of registered person

February 23, 2023 24498 Views 1 comment Print

In re Indian Metals and Ferro Alloys Limited (GST AAR Odisha) Q. Whether Service Received by a registered person by way of renting of residential premises used as guest house of the registered person is subject to GST under Forward Charge Mechanism (FCM) or Reverse Charge Mechanism. Ans:- Now, evaluating the question with reference to […]

Transfer of jurisdiction in absence of any order u/s 127 is unsustainable

February 23, 2023 4149 Views 0 comment Print

Orissa High Court held that transfer of jurisdiction from CIT (IT)-1 New Delhi to Bhubaneswar without passing of any order under section 127 of the Income Tax Act transferring jurisdiction is unsustainable and liable to be set aside.

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