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Judiciary

Profit cannot be estimated without rejecting books of Account

November 8, 2023 2082 Views 0 comment Print

In the case of Bulu Ghosh vs. ITO, the ITAT Kolkata ruled that profit cannot be estimated without rejecting books of account. Read the full text of the order here.

Services to Universities in foreign Countries as Export of Services cannot be Treated as ‘Intermediaries’

November 8, 2023 783 Views 0 comment Print

CESTAT Mumbai’s ruling in Krishna Consultancy vs. Commissioner of CGST highlights that services to foreign universities are not ‘intermediaries’ and qualify as export of services.

No Service Tax on Employee Social Security Contributions: CESTAT

November 8, 2023 345 Views 0 comment Print

Turner Project Management India Pvt. Ltd wins in CESTAT Mumbai case – No service tax on employer’s social security contributions. Detailed analysis and conclusion here.

No suspension of License issued to Customs House Agent in case of verification of genuineness of IEC as well as GSTIN

November 8, 2023 333 Views 0 comment Print

Respondent had facilitated clearance work for certain imported goods on a commission basis without verifying the IEC numbers used for the imports and having due knowledge that the mastermind was Mr Yusuf Pardawala, who was the real beneficiary or the beneficial owner.

Non-compliance of mandate of section 19(1) of PMLA vitiates arrest

November 8, 2023 609 Views 0 comment Print

Delhi High Court held that any non-compliance to the mandate of section 19(1) of the Prevention of Money Laundering Act, 2002 (PMLA) would vitiate the arrest itself.

Extension of time limit for application for revocation of cancellation of GST registration granted

November 8, 2023 1083 Views 0 comment Print

Madras High Court provided benefit of notification no. 03/2023-Central Tax dated 31.03.2023 granting extension of time limit for application for revocation of cancellation of registration even if registration was cancelled on 11.05.2023. Accordingly, directed to restore GST registration.

Lower TDS Rate Application Rejection Requires a Well-Reasoned Order: HC

November 8, 2023 765 Views 0 comment Print

In a recent Delhi High Court ruling, it is established that rejecting a lower TDS rate application necessitates a well-reasoned order. Explore case of Shreyash Retail Private Ltd vs. DCIT TDS Circle.

No addition u/s 69A on the basis of statement recorded during survey if there was no supporting evidence

November 8, 2023 2379 Views 0 comment Print

Addition under section 69A was not justified as AO had not brought on record any material in support of the addition made by him nor he provided any basis for arriving at the basis, particularly when all the 30 flats had not been sold during the year relevant to AY 2017-18, therefore, there was no basis for arriving at the conclusion that assessee had received any on-money.

Assessment order passed without mentioning of DIN was invalid and should be deemed to have never been passed

November 8, 2023 2988 Views 0 comment Print

Since there was no DIN mentioned in the assessment order which was contrary to the CBDT Circular No.19/2019 dated 14th August 2019, therefore, the jurisdiction assumed was invalid as generation of DIN subsequently and generation of intimation to be sent to assessee were of no consequence for the purpose of assessment and raising the demand.

No Interest payable to assessee on accumulated Cenvat credit lying unutilized

November 8, 2023 492 Views 0 comment Print

Interest was not payable accumulated CENVAT credit lying unutilized as in case of export of services under Rule 5 of the CENVAT Credit Rules, 2004, assessee was free to take back the credit of not sanctioned / partially sanctioned refunds.

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