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Judiciary

Failure to prove identity, capacity & genuineness of transactions: ITAT Upholds Addition of Rs 8.18 Crores

January 31, 2024 567 Views 0 comment Print

Midway Exim Pvt. Ltd. appeals against ITAT Delhi’s order upholding the addition of Rs 8.18 crores u/s 68 of the Income Tax Act. The appeal challenges the reassessment proceedings, notice issuance, and provides detailed analysis on share application money.

Diesel being supply of goods its value not includible in operation & maintenance service

January 31, 2024 678 Views 0 comment Print

CESTAT Allahabad held that supply of diesel in Operation & Maintenance contract, being supply of goods, is outside the purview of service tax. Accordingly, value of diesel is not includible in the assessable value of operation and maintenance service.

No Penalty for E-way Bill Delay Due to Portal Technical Glitches: Allahabad HC

January 31, 2024 1644 Views 0 comment Print

Allahabad High Court held that imposition of penalty due to delay in generation of e-way bill unjustified as delay was due to technical glitches on portal. Thus, imposition of penalty for mere technical errors, without having any potential financial implications, unjustified.

Industrial Land Lease Premium Not Taxable as Rent under Service Tax: CESTAT Mumbai

January 31, 2024 570 Views 0 comment Print

CESTAT Mumbai rules that the premium received for sub-leasing industrial lands, treated as ‘Salami,’ is not taxable as rent under the category of ‘renting of immovable property.’ Details of the case against the Commissioner of CGST & Central Excise.

Allahabad HC Extends Time Exclusion Benefit to Section 107 GST Appeals

January 31, 2024 1842 Views 0 comment Print

Allahabad High Court ruling on Murli Packers’ appeal under CGST Act, extending the benefit of Section 14 Limitation Act to overcome dismissal based on time limitation.

Delhi HC Grants Grace Period for GST Registration Suspension: Rule 80B Violation

January 31, 2024 447 Views 0 comment Print

Explore the Delhi High Court’s judgment on the suspension of GST registration, as Maa Kamakhya gets a grace period to respond to Rule 86B violation. Details of the case and legal insights.

Legal fiction for deemed dividend should not be extended to broaden concept of shareholders

January 31, 2024 2124 Views 0 comment Print

Legal fiction created u/s. 2 (22)(e) enlarges definition of dividend only and legal fiction is not to be extended further for broadening concept of share holders.

Pending assessments abate as per Section 153A when a search takes place: ITAT Delhi

January 31, 2024 900 Views 0 comment Print

In a significant decision, ITAT Delhi quashes assessment order in Rajender Agarwal Vs ACIT case, citing abatement under Section 153A after a search. Detailed analysis of the legal arguments and implications.

ITAT deletes Section 271(1)(c) Penalty s Notice Issued without specifying limb

January 31, 2024 4062 Views 0 comment Print

Read the full text of ITAT Delhi’s order in Orient Clothing Co. vs. ACIT. Penalty under section 271(1)(c) deleted due to vague notices. Analysis and implications discussed.

GST leviable on export of pre-packaged and labeled rice up to 25 Kgs

January 30, 2024 948 Views 0 comment Print

Get insights from the AAR Andhra Pradesh on GST levied on pre-packaged rice export. Detailed analysis of GST applicability for exports and domestic sales.

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