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Judiciary

Sprayer pumps (manually operated) falls under HSN 84248100

July 2, 2020 10986 Views 0 comment Print

In re Adarsh Plant Protect ltd. (GST AAR Gujarat) Determination of the liability to pay tax on any goods or services or both.( ‘Sprayer pumps’ (manually operated), Stoves) (1) The product ‘Sprayer pumps’ (manually operated) manufactured and supplied by M/s. Adarsh Plant Protect ltd. are classifiable under Tariff item No.84248100 of the First Schedule to […]

GST on remuneration to Directors- AAAR Rajasthan clarifies

July 2, 2020 1998 Views 0 comment Print

Remuneration paid to indepedent directors or those directors who are not the employee of the appellant is taxable in hands of the appellant on reverse charge basis. The part of the declared as salaries in the books of the appellant and subjected to TDS under Section 192 of the IT Act are not taxable.

No service tax on construction services prior to introduction of Works Contract Service in June 2007

July 2, 2020 894 Views 0 comment Print

No service tax can be demanded on construction services prior to introduction of „Works Contract Service” in June 2007 wherein there is a supply of goods and service.

If Agent paid remuneration on ALP & taxed in India no further taxation in the hands of DAPE

July 1, 2020 996 Views 0 comment Print

Whether the agent in India was a ‘Dependent Agent’ constituting a permanent establishment (PE) and the appellant was, therefore, liable to be taxed as per India UK DTAA?

Co-op credit society Eligible for Section 80P(2)(a)(i) deduction

July 1, 2020 20001 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition on account of disallowance u/s 80P(2)(a)(i) of the I.T. Act?

Sales Promotion expenses for publicity of brand name allowable

July 1, 2020 11154 Views 0 comment Print

Whether CIT is correct in allowing expenditure on advertisement & sales promotion of product & brand promotion by considering it as Revenue in nature?

Financial Stringency is reasonable cause for Not levying section 221(1) Penalty

July 1, 2020 2037 Views 0 comment Print

Whether CIT(A) is correct in deleting the penalty levied u/s 221(1) by the AO on the ground that assessee has paid the self assessment  after the date of filling of return of income?

Ex-parte order for non-attendance during lockdown is unjustified

July 1, 2020 2442 Views 0 comment Print

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow) Passing ex-parte order when assessee could not attend the proceedings due to lockdown is not justified in law. Since Ministry of Home Affairs, Government of India, vide letter dated 24th March, 2020 had issued directions for stopping of the work of all offices for […]

Excise Duty Recovery for Shortage of goods in Absence of Evidences not valid

July 1, 2020 1611 Views 0 comment Print

whether the Central Excise Officers are correct in levying duty on account of discrepancies in the records of the appellant and shortages in the stock of raw-material as well as finished goods?

No Custom Penalty for goods cleared by officers after signing Bond

July 1, 2020 1266 Views 0 comment Print

Penalty under Section 114A and other penal provisions cannot be invoked when the goods were permitted to be cleared by the officers. However, the Revenue will be free to recover duty along with interest in terms of the Notification.

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