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Judiciary

HC dismisses plea seeking GST search in presence of advocate of petitioner

July 3, 2020 7527 Views 0 comment Print

Subhash Joshi & another Vs Director General of GST Intelligence (DGGI) & Ors. (Madhya Pradesh High Court) Submission of counsel for petitioner is that the search should be carried out in the presence of the Advocate, but counsel for petitioner has failed to point out any statutory provision or any such legal right in favour […]

ITAT Remand Case to AO to Decide Treatment of Interest from FDR made for Contract Business

July 3, 2020 612 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in treating the interest from Fixed deposits made in connection with Contract business as income from ‘Other sources’ in place of income from ‘Business’?

No Service on Transfer of goods by hiring vessel

July 3, 2020 1938 Views 0 comment Print

The issue under consideration is whether the transfer of goods is by way of hiring the charter vessel is taxable under  Service Tax as declared service?

No TDS on Payment Gateway Charges paid by Make My Trip

July 3, 2020 15657 Views 0 comment Print

The issue under consideration is whether the Payment Gateway facilities provided by banks are liable for TDS provisions?

Expense crystallized during the year allowable as Prior Period Expense

July 3, 2020 7563 Views 0 comment Print

According to ITAT, the claim of assessee on account of Pay anomaly of employee crystallized during the year should have been accepted and he, therefore, granted relief to the assessee. Further, they observed that in the order dated 24.12.2009 for assessment year 2006-07 in assessee’s own case, the Tribunal decided that the liability crystallized during the year has to be allowed. Hence, now they do not find anything improper in the approach of the CIT(A) to allow the expenses in respect of which the liability crystallized during the year.

Amendment in Section 254(2A) | Directory or Mandatory? | Case referred to President of ITAT

July 3, 2020 3459 Views 0 comment Print

The issue under consideration is regarding application of Stay of Demand in front of Tribunal, whether the amendment done by Finance Act, 2020 in Section 254 will be applicable in present case?

CBEC Letter cannot enlarge scope of exemption notifications

July 3, 2020 1506 Views 0 comment Print

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata) It is pertinent to consider whether CBEC can enlarge or modify the scope of an exemption notification which is in the form of a subordinate legislation through a letter or circular. Taxing statutes have to be strictly construed and the power of taxation lies with the […]

Transactions not Bogus, if All Ingredients necessary for Genuine Business Transaction Exist

July 3, 2020 1980 Views 0 comment Print

The issue under consideration is whether the addition made by AO by considering the transaction entered by the assessee as bogus transactions are justified in law?

AAR explains conditions for charge of 0% GST on Sale of Paneer

July 3, 2020 2853 Views 0 comment Print

In re Jain Dairy Products Pvt. Ltd. (GST AAR Gujarat) Question-1: Whether the benefit of exemption of GST at 0% is applicable for the invoices raised to the end use users in case of selling of paneer in loose form without sealing of packet / in loose carry bags and bearing details like name of […]

AAR explains Classification of Zip Roll, Finished Zippers & Sliders for GST

July 3, 2020 2562 Views 0 comment Print

In re Bhaveen Ramesh Shah Proprietor of M/s The Roll Company (GST AAR Gujarat) Question: What is the Classification as per HSN and rate of tax in terms of the Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 as amended by the Notification No.18/2018-Central Tax (Rate) dated 26.07.2018 in respect of their products, (i) The Zip Roll […]

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