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Judiciary

No Service Tax on Bank Guarantee to Group Companies: CESTAT

November 12, 2023 312 Views 0 comment Print

The CESTAT Chandigarh rules that providing a bank guarantee to group companies does not attract service tax. Learn more about this decision.

ITAT Upholds Disallowance of Sales Commission for failure to demonstrate Agent’s Role

November 12, 2023 324 Views 0 comment Print

The ITAT Delhi upholds the disallowance of ‘commission on sales’ due to failure to demonstrate the actual role played by commission agents in procuring sales.

Authorisation under Section 67(2) of SGST/CGST Act is not required for every item or person discovered during search operation

November 11, 2023 651 Views 0 comment Print

Discover what Hon’ble Kerala High Court said about authorisation under Section 67(2) of SGST/ CGST Act during search operation in M/s. Velayudhan Gold LLP v. State of Kerala case.

Mere infractions of law are not valid grounds for filing writ petition

November 11, 2023 516 Views 0 comment Print

Allahabad High Court asserts that there is no inherent jurisdictional lack in GST adjudication proceedings. Writ jurisdiction is limited to specific cases.

Appellate Authority should provide sufficient reasons for not considering Appeals filed after limitation period

November 11, 2023 852 Views 0 comment Print

Bombay HC quashes Impugned Order in M/s. IMS Ship Management Pvt Ltd vs State of Maharashtra case, citing lack of reasoning. Appeal restored; Respondent to reconsider based on Petitioner’s submissions.

Credit can be claimed when exempted by-products are obtained while producing taxable goods under UP VAT Act

November 11, 2023 831 Views 0 comment Print

Understand the implications of M/s Modi Naturals Ltd. v. The Commissioner of Commercial Tax UP and learn how to claim credit when exempted by-products are obtained while producing taxable goods under the UP VAT Act.

SC order on carrier liability for delayed delivery of goods

November 11, 2023 1467 Views 0 comment Print

Explore the Supreme Court’s ruling on Rajasthan Art Emporium’s claim against Kuwait Airways for delayed delivery. Learn about the legal analysis and implication

TDS not deductible on web hosting services as such services are not royalty or FTS

November 11, 2023 19017 Views 0 comment Print

ITAT Delhi held that availment of web hosting services do not constitute royalty or FTS and hence payments made thereof for such services are not chargeable to tax in India. Accordingly, TDS not deductible on the same.

Disallowance u/s 80M to the extent of dividend distributed to shareholders unsustainable

November 11, 2023 1221 Views 1 comment Print

Delhi High Court held that disallowance under section 80M of the Income Tax Act to the extent of divided distributed to the shareholders unsustainable in law. Accordingly, disallowance rightly deleted by CIT(A).

Administrative Circular Not Binding on Income Tax Commissioner: Kerala HC

November 11, 2023 4224 Views 0 comment Print

Kerala High Court dismisses writ petition against an Income Tax Order, clarifying that an administrative circular doesn’t bind a Tax Commissioner as they are a quasi-judicial authority.

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