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Judiciary

No service tax on Election Photo ID preparation under Photography Services

July 12, 2018 3546 Views 0 comment Print

Ms. Webel Technology Ltd. Vs Commissioner of Service Tax (Calcutta High Court) Petitioner was awarded two contracts for preparation of Electoral Photo Identity Card (EPIC). The petitioner has suffered the impugned show-cause notice calling upon the petitioner to pay service tax as according to the department, the preparation of EPIC includes taking of photographs of voters […]

GST: HC directs MP Govt to Remove Check posts

July 12, 2018 1119 Views 0 comment Print

The sole contention of the learned Senior Counsel for the petitioner is that after issuance of the notification, all the check posts have to be removed as GST regime has been introduced and, therefore, they cannot restrict or obstruct any of the vehicle from asking them to pay tax on the check posts except the GST.

S.54 Assessee to offer exemption claimed to tax on return of money given to builder

July 12, 2018 1296 Views 0 comment Print

Suhas Vasantrao Joshi Vs DCIT (ITAT Ahmedabad) If an assessee booked a flat under self-finance scheme of DDA or any other similar situated institutions, then it would be construed that the assessee has fulfilled conditions enumerated in section 54 and would be entitled for the exemption. In the present case also the assessee has booked […]

Manufacturer can claim Terminal Excise Duty Refund on supply of Goods to 100% EOU

July 12, 2018 8097 Views 1 comment Print

In the instant case supplies of goods were made by the petitioner to other divisions of MSSL which had a status of EOUs. The pivotal point is that the FTP 2009-2014 conferred a right on the petitioner, who, admittedly, was a DTA supplier, at the relevant point in time, to seek refund of TED, as the supplies had been made to 100% EOUs, albeit, under a non-ICB route.

Provisions for Compounding of Offences under GST are Very Stringent

July 12, 2018 2526 Views 0 comment Print

Calcutta High Court modifies bail conditions for GST evasion accused. Analysis of court order on stringent provisions, tax determination, and compounding under GST Act

CCI penalises All India Chess Federation for abuse of dominant position

July 12, 2018 3981 Views 0 comment Print

CCI issues order against All India Chess Federation for abuse of dominant position and imposition of unreasonable vertical restraints on chess players and organisation of chess events; Imposes penalty of Rs. 6.92 lakhs on AICF for the Anti-Competitive conduct.

No tax on Foreign allowances received for service rendered outside India through TCC

July 11, 2018 6024 Views 0 comment Print

Where assessee, a non-resident, had received foreign allowances outside India for the services rendered in Netherlands, the foreign allowances received by assessee were not liable to tax under section 5(2).

Facilitate petitioner’s uploading of FORM GST TRAN-1: HC

July 11, 2018 651 Views 0 comment Print

A.F. Babu Vs Goods and Service Tax Council & Ors. (Kerala High Court) Kerala HC held that petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner’s uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so. It was further held that […]

Assessment framed by AO on a non-existent company is a nullity

July 11, 2018 1671 Views 0 comment Print

Assessment framed by AO on a non-existent company is a nullity in the eyes of law and void and the provisions of section 292 B cannot rescue the Income Tax Department: Sony India case

25% Depreciation allowable on License to run container trains on Indian Rail Network

July 11, 2018 2892 Views 0 comment Print

The present appeals have been filed by assessee against the order dated 21.07.2014 of the Ld. Commissioner of Income Tax (Appeals)-VI, New Delhi pertaining to the Assessment Years (A.Y.) 2007-08 and 2008-09 on the  following common grounds.

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