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Judiciary

Delay condoned as Chartered Accountant was busy in filing of return of Income and GST returns

February 18, 2023 1206 Views 0 comment Print

ITAT Chennai held that a small delay of 9 days in filing of an appeal condoned on the basis of reasonable cause as Chartered Accountant was busy in filing of return of Income and GST returns.

Service tax not payable on additional incentive received by dealer for meeting certain targets

February 18, 2023 2310 Views 0 comment Print

CESTAT Delhi held that additional incentive received by the dealer for meeting certain targets is in the form of trade discount and is not a payment for any service. Accordingly, service tax not leviable on the same.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 939 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

Invocation of proviso to section 2(15) vis-à-vis publication of advertisement to be re-examined

February 18, 2023 678 Views 0 comment Print

Supreme Court remanded the matter for fresh consideration in respect of exemption u/s 2(15) or section 11 in respect of publication of advertisement for consideration in light of Ahmedabad Urban Development Authority.

Delhi Court dismisses Bail Plea of accused in Fake ITC case of Rs. 24 crores

February 18, 2023 1002 Views 0 comment Print

Accused admitted to have orchestrated the fake ITC fraud involving 05 fake firms, which have issued goods less invoices and passed on fraudulent input tax credit of GST amount to Rs.24 crores.

In absence of cogent explanation ITAT treats consultancy charges as FTS & upheld addition

February 18, 2023 642 Views 0 comment Print

Assessee was unable to furnish any cogent explanation supported by evidence to establish that the consultancy charges paid are not in the nature of FTS.

Right tax has to be collected from the right person: ITAT Delhi

February 18, 2023 1107 Views 0 comment Print

Arya Samaj Vs ITO (ITAT Delhi) Before ITAT, it was pleaded that the assessee has wrongly filled the column A(i) pertaining to “Other details” the ITR7 and since CPC is a automated process, the adjustment has also been wrongly made. It was argued that had there been a notice issued before making an adjustment, the […]

HC stays Coercive Steps by Income Tax Dept against Education Minister in Illegal payment Case

February 18, 2023 651 Views 0 comment Print

K Ponmudi Vs ACIT (Madras High Court) The petitioner has challenged the impugned assessment order on the following grounds: a) Despite several requests made by the petitioner to the respondents, requesting them to furnish the evidence based on which they have found that M/s. SRS Mining is alleged to have paid Rs.20,00,000/- as illegal payments […]

HC directs GST department to consider representation of Taxpayer

February 18, 2023 789 Views 0 comment Print

From the record it is apparent that this Court by order dated 08.05.2019 passed in W.P. No. 26509/2018 had directed the complaint/representation of the petitioner to be considered within two weeks. The same was made by the petitioner on 20.05.2019 and as per the petitioner, the same has not been decided till now and the impugned notice has been issued.

Not Striking Out of Irrelevant Ground Vitiates Section 271(1)(c) Penalty Proceedings

February 18, 2023 1137 Views 0 comment Print

Defect in statutory notice in not striking out of irrelevant ground vitiates penalty proceedings for the reason that assessee has not given sufficient notice for preparing his defense, as to grounds on which penalty proceedings have been initiated.

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