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Judiciary

GST not chargeable on premium and lease rent on plots allotted to hospitals

October 28, 2023 2235 Views 0 comment Print

Allahabad High Court held that GST is not chargeable on premium and lease rent on plots allotted to hospital against lease granted for more than 30 years. Accordingly, communication demanding deposit of GST liable to be quashed.

Valuation of Fuel & Diesel Oil for Coastal Vessel Runs using ‘Residual Method

October 28, 2023 510 Views 0 comment Print

CESTAT Kolkata held that valuation of fuel oil and diesel oil used during coastal run of the vessel is to be done as per the ‘Residual Method’ prescribed under rule 9(1) of the Valuation Rules.

Section 271(1)(c) Penalty not leviable if explanation with documentary evidence not found to be false

October 28, 2023 5193 Views 0 comment Print

ITAT Kolkata held that as assessee has provided the explanation with documentary evidence and such documents have not been held as false either by AO during assessment proceedings or during penalty proceedings. Hence, penalty u/s. 271(1)(c) not leviable.

IGST Refund Approved for Telecommunication Services to FTOs

October 28, 2023 426 Views 0 comment Print

Delhi High Court held that refund of Integrated Goods and Services Tax (IGST) in respect of telecommunication services rendered to inbound subscribers of Foreign Telecom Operators (FTOs) granted.

In Section 119(2)(b) Applications PCIT should decide on Condonation, Not Merit

October 28, 2023 3948 Views 0 comment Print

Kerala High Court held that the Principal Commissioner while considering application u/s. 119(2)(b) of Income Tax Act should solely assessee the condonation in preferring the refund application. The Principal Commissioner shouldn’t assessee merit of the refund claim.

Addition Unwarranted as Settlement Commission Accepted Surrendered Amount

October 28, 2023 384 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained expenditure unsustainable as impugned amount has already been surrendered by the firm and accepted by the Settlement Commission.

Related Parties with Same GST Registration Location: HC Debunk Myths

October 28, 2023 14205 Views 0 comment Print

Explore the AP High Court’s judgment on Sakthi Steel Industries vs. Appellate Commissioner, analyzing GST registration cancellation based on premises sharing

Voluntary payment of differential duty doesn’t confirm acceptance of undervaluation

October 28, 2023 372 Views 0 comment Print

CESTAT Delhi held that mere acceptance of the re­assessed value and payment thereof will not be sufficient to confirm the allegations of undervaluation. Burden on the department to prove mis-declaration and undervaluation not discharged. Hence, differential duty demand set aside.

Customs broker cannot be held liable for violation of post import condition by importer

October 28, 2023 402 Views 0 comment Print

CESTAT Kolkata held that revocation of customs broker licence for violation of post import condition of the exemption notification by the importer unsustainable as customs broker has a limited role of filing bill of entry and at no stretch of imagination can be held liable for violation of post import condition.

Coverage of Postweld heat treatment within ‘Technical Testing and Analysis Service’ needs re-consideration

October 27, 2023 324 Views 0 comment Print

CESTAT Chennai held that coverage of activity of Postweld heat treatment/ stress relief heat treatment as within the definition of ‘Technical Testing and Analysis Service’ needs re-consideration as appellant doesn’t issue any report certifying quality of goods.

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