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Judiciary

Place of Provision Rules Not Applicable; Transaction Considered as Export of Service, No Service Tax Liability

August 24, 2024 822 Views 0 comment Print

CESTAT Mumbai ruled in favor of ATA Freightline, setting aside service tax demands for logistics services from April 2015 to June 2017. Full details of the case.

Section 78 GST Recovery Must be by Principal Commissioner not State Tax Officer

August 24, 2024 8760 Views 0 comment Print

Madras High Court rules GST recovery under Section 78 must be initiated by Principal Commissioner, not State Tax Officer, and orders refund to petitioner.

Non-compliance with specified authority’s approval requirements invalidates assessment order

August 24, 2024 777 Views 0 comment Print

Calcutta High Court dismisses revenue’s appeal challenging assessment order due to non-compliance with Section 151(ii) approval requirements.

HC Dismisses Revenue Appeal; As no Question of Law Arising from Tribunal’s Order

August 24, 2024 2859 Views 0 comment Print

Calcutta HC dismisses PCIT appeal on bogus share loss, finding no grounds for reconsidering ITAT’s order in Zulu Merchandise Pvt Ltd case.

Exemption u/s 10(23C)(iv) could not be rejected if net surplus was less than 20% of Total Receipts under second proviso to sec 2(15)

August 24, 2024 918 Views 0 comment Print

Assessee was a non-profit organization registered under Section 25 and was approved U/s.10(23C)(iv). The main activity of the council was to promote exports of leather industries.

Delayed submission of Resolution Plan by one day delay should be condoned

August 24, 2024 975 Views 0 comment Print

Delayed submission by one day of the Resolution Plan by the Applicant should be condoned as it had not caused any delayed or prejudice to the interests of any of the parties or has affected the timelines of CIRP.

ITAT Dismisses Appeal as Infructuous Following NCLT Approval of Resolution Plan

August 24, 2024 534 Views 0 comment Print

Calcutta High Court dismisses IT department’s appeal against ITAT ruling after NCLT approves resolution plan for Srei Infrastructure Finance Limited.

Inspection based on misidentification by VAT Authority: HC directs petitioner to file appeal

August 24, 2024 435 Views 0 comment Print

Karnataka HC directs petitioner to avail statutory remedy in VAT dispute involving inspection confusion between Three 1st Enterprises and Trishul Bar and Restaurant.

Non-Receipt of SCN due to Director’s Death & Cessation of Business: HC directs re-adjudication

August 24, 2024 2112 Views 0 comment Print

Delhi HC overturned ₹2.33 crore GST demand due to non-receipt of SCN and inaccessible GST portal after director’s death and business closure.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 816 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

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