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Judiciary

Compliance with Service Tax Rules Establishes Service Export in Absence of Intermediary Role

November 1, 2023 603 Views 0 comment Print

Thyssenkrupp System Engineering India Pvt. Ltd. triumphs in CESTAT Mumbai, successfully challenging service tax demand. Key details of the case explained.

ITAT upholds deletion of additions which was made for Fall in GP Ratio

November 1, 2023 408 Views 0 comment Print

ITAT rules in favor of Kortek Electronics: deletes additions for fall in GP ratio. Know more about the ruling & its implications

Deletion of understated sale consideration by CIT(A) without dealing in fundamental aspects cannot be countenanced in law

November 1, 2023 510 Views 0 comment Print

ITAT Delhi held that deletion of additions on account of understated sale consideration based on loose papers, dairy, documents, etc. seized in search action without dealing with the fundamental aspects of the matter by CIT(A) order cannot be countenanced in law. Accordingly, matter restored back to CIT(A) for fresh determination.

One-Time Premium/Salami for Property Interest Transfer Not Subject to Service Tax

November 1, 2023 2100 Views 0 comment Print

CESTAT Kolkata held that one time payment, in the form of Premium or Salami for transfer of interest in the property cannot be equated as rent and hence the same is not exigible to the service tax. Accordingly, demand of service tax set aside.

Section 302 IPC Offence Set Aside Due to Lack of Material for Common Object & Intention

November 1, 2023 495 Views 0 comment Print

Appellant’s conviction for the offence punishable under Section 302, read with Section 34 of IPC was set aside as there was no material to prove the existence of common intention which was the necessary ingredient of Section 34 of IPC.

Club Admission Fees for Corporate Membership for business purposes: Revenue, Not Capital Expenditure

November 1, 2023 1575 Views 0 comment Print

Admission fees paid to a club towards corporate membership would be a revenue expenditure because it had been incurred wholly and exclusively for the purposes of business and not towards capital account.

Unreasoned Order Cancelling GST Registration Quashed by Allahabad HC

November 1, 2023 549 Views 0 comment Print

The Allahabad High Court emphasizes the importance of providing reasons in judicial and administrative orders as it quashes an unreasoned GST registration cancellation.

No Service Tax on Water and Electricity Supply to Tenants by GMR: CESTAT

November 1, 2023 585 Views 0 comment Print

CESTAT Hyderabad rules that no service tax is payable on electricity and water supplied to tenants by GMR Hyderabad Airport, citing government exemptions.

Tax Claims Extinguish Upon NCLT Approval of Resolution Plan: CESTAT

November 1, 2023 309 Views 0 comment Print

CESTAT Hyderabad rules that government tax claims are extinguished upon NCLT’s approval of a resolution plan, settling all disputes.

HC directs GST Registration Restoration due to Unavoidable Circumstances

November 1, 2023 462 Views 0 comment Print

Allahabad High Court’s judgment on the restoration of GST registration due to unavoidable circumstances. Analysis of the case and its implications.

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