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Judiciary

Revisionary jurisdiction u/s. 263 not invocable as AO took plausible view

September 22, 2023 381 Views 0 comment Print

ITAT Kolkata held that PCIT cannot exercise the revisionary jurisdiction to set aside the assessment where the AO has conducted enquiries and taken a plausible view accepting the contentions of the assessee.

Revenue’s appeal dismissed as NCLT admitted application filed u/s 14 of IBC

September 22, 2023 276 Views 0 comment Print

ITAT Delhi held that as National Company Law Tribunal (NCLT) has admitted application filed by the assessee u/s. 14 of the Insolvency and Bankruptcy Code, 2016, the present appeal filed by the revenue deserves to be dismissed.

Disallowance of expenditure u/s 14A unjustified without any dividend income from equity investment

September 22, 2023 297 Views 0 comment Print

ITAT Mumbai held that since the assessee has not earned any dividend income from its equity investment during the year disallowance of expenditure under section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules is not sustainable.

Relief for Petitioner When GST Registration Cancellation Notice Lacks Clarity

September 22, 2023 999 Views 0 comment Print

Delhi High Court, in Rahul Kumar Jain and Co. v. Union Of India & Anr., held that GST Registration cannot be cancelled without specific reasons and has imposed a cost of INR 5,000 on Revenue Department.

GST leviable on CAM Charges & Charges for welfare activity of members charged by Society

September 22, 2023 5964 Views 0 comment Print

AAR held that welfare activities done by the society for its resident members fall within the ambit of Goods & Services Tax Act, 2017 and  these activities attract GST. GST leviable on collecting Common Area Maintenance (CAM) charges in lieu of services provided to its resident members by Society. 

LLP is a body corporate & liable to charge GST on security services

September 22, 2023 12876 Views 0 comment Print

In re AS&D Enterprise LLP (GST AAR Haryana) In general terms, an LLP is a viewed as an alternate corporate business model that involves the integration of the advantages of a limited liability company with the flexibility of a partnership. It allows its members the flexibility of organizing their internal structure as a partnership based […]

Fitting of electrical appliances is not covered under works contract

September 22, 2023 2343 Views 0 comment Print

CESTAT Ahmedabad sets aside service tax demand on electrification services, ruling they do not qualify as works contract services. Read detailed case analysis.

Adding preservatives to ayurvedic medicine will change classification of medicine

September 22, 2023 414 Views 0 comment Print

In Lyka Labs Ltd. vs. C.C.E. & S.T., CESTAT Ahmedabad addresses the classification of Ayurvedic medicaments with non-active ingredients, setting legal precedence.

Department to calculate 20% as per assessment order before giving effect to TDS/TCS

September 22, 2023 3711 Views 0 comment Print

Orion Security Solutions P. Ltd. Vs DCIT (Delhi High Court) Headnote: TDS and TCS have to be adjusted against the amount arrived at by applying the rate of 20% against the tax crystalized as per the assessment order. Facts in brief: 1. The Assessee had filed its return of income for the assessment year 2021-22 declaring […]

Service Tax Threshold Limit Calculation Excludes Exempt Consideration: CESTAT

September 22, 2023 3375 Views 0 comment Print

In the case of Gurjant Singh Beant Singh vs. Commissioner of Central Excise, CESTAT Chandigarh clarifies service tax threshold calculation and classification issues.

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