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Judiciary

Interest eligible if service tax refund is not sanctioned within three months from filing date

February 17, 2023 1434 Views 0 comment Print

Bombardier Transportation India Pvt Ltd Vs C.C.E. & S.T Vadodara II (CESTAT Ahmedabad) We find that there is no dispute that the appellant had initially filed the refund application on 13.06.2011. It is this refund claim which was rejected by the sanctioning authority and the matter had travelled up to this Tribunal. This tribunal vide […]

ITAT quashes section 263 revision order passed on a deceased assessee

February 17, 2023 990 Views 0 comment Print

Kusum Mehta Vs PCIT (ITAT Cuttack) Admittedly, the facts remain that on the death of an individual, Government draws information in respect of death from the cremation spot or on the basis of doctor’s death certificate. The State Government then issues the death certificate within 7 to 14 days. It is after this that the […]

Detention of goods for non-mentioning of GSTN of recipient under Bill to – Ship to transaction is unjustified

February 17, 2023 3339 Views 0 comment Print

Madras High Court held that detention of goods for mere non-mentioning of GSTN of the recipient under Bill to – Ship to transaction, without intention to avoid tax, is unjustified.

Classification of service cannot be challenged at service recipient end

February 17, 2023 837 Views 0 comment Print

Gujarat Jhm Hotels Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) In the present case the cenvat credit was denied in respect of service received by the appellant from M/s. Indian Hotels Co.Ltd. on the pretext that the same is classifiable under Business Auxiliary Service which is not specified under Rule 6(5) of Cenvat Credit Rules, […]

Corporate Social Responsibility expense is deductible u/s 37(1) of Income Tax Act

February 17, 2023 3378 Views 0 comment Print

Delhi High Court held that Corporate Social Responsibility [CSR] expenses incurred by assessee are allowable as deduction under section 37(1) of Income Tax Act.

Service tax on execution of work of awarded tenders by appointing sub-contractor

February 17, 2023 519 Views 0 comment Print

Sushee Infra Pvt Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) We observe that the arrangement herein is that the appellant being a service provider for services as that of site formation, mining etc. were being awarded the tenders floated by various Government departments for receiving the aforesaid activities. Apparently and admittedly in such scenario […]

Penalty u/s 271(1)(b) not leviable for non-compliance to statutory notice as notice not serviced correctly

February 17, 2023 1431 Views 0 comment Print

ITAT Delhi held that as the statutory notice was not served to the correct address, penalty under section 271(1)(b) of the Income Tax Act cannot be levied alleging the non-compliance of the statutory notices.

C-forms cannot be cancelled retrospectively

February 17, 2023 1152 Views 0 comment Print

Louis Dreyfus Company India PVT. LTD. Vs Commissioner Trade And Tax Department & ORS. (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr.: W.P.(C) 1358/2016, decided on 06.2016 this court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions […]

CPC cannot go beyond return of income while processing return of income u/s 143(1)

February 17, 2023 1179 Views 0 comment Print

Lions Nab Community Eyecare Centre Vs DCIT (ITAT Pune) Appellant filed the return of income in Form No.5. However, no documents were filed along with the return of income justifying the claim for exemption u/s 11 of the Act. It is only after receipt of intimation, the appellant took a plea that its income was […]

Coir-pith compost is exempt from GST when sold in above 50 kg bags

February 17, 2023 5556 Views 0 comment Print

Rule 3(b) of Legal Metrology (Packaged commoditites) Rules, 2011, provides that the provisions of Chapter II of that Rules shall not apply to cement, fertilizers and agricultural farm produce sold in above 50 kg bags. Whether the coir-pith compost, which is also the bio-fertiliser, sold by the registered person, falls under this category and exempt from GST?

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