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Judiciary

Consideration received in convertible foreign exchange for services to Singapore company In India is export of service

September 7, 2023 774 Views 0 comment Print

Sun Microsystems vs. Commissioner of Central Excise & Service Tax -Consideration received in convertible foreign exchange for services to a Singapore company in India qualifies as ‘export of service.

Invocation of extended period alleging mere non-payment of duties unjustified

September 7, 2023 414 Views 0 comment Print

CESTAT Kolkata held that exemption under notification 25/2012-ST available as activities undertaken is covered within the ambit of works assigned under Article 243W of the Constitution to be carried out by the Municipalities. Further, mere non-payment of duties is not equivalent to collusion or wilful mis-statement or suppression of facts and accordingly extended period cannot be invoked.

Section 269ST apply to undisclosed income declared during survey proceedings

September 7, 2023 1899 Views 0 comment Print

ITAT Ahmedabad held that provisions of Section 269ST of the Income Tax Act 1961 would apply to undisclosed income which was declared during the survey proceedings.

SC considering definition of consumer for a purchaser of commercial space from a builder

September 7, 2023 3315 Views 0 comment Print

Rohit Chaudhary & Anr. Vs Vipul Ltd. (Supreme Court of India) Sub- Whether-delay in delivery of office space by a builder is a dispute maintainable under the Consumer Protection Act and consequently the purchaser of such commercial space is eligible to get the refund of money with interest? This judgement will be helpful in dealing […]

No Addition based on mere sworn statement if not corroborated by independent evidence

September 7, 2023 5736 Views 0 comment Print

Analyzing ITAT Bangalore’s ruling in Yashaswi Fish Meal and Oil Company Vs DCIT, exploring the role of sworn statements in tax assessments.

HC quashed GST order passed without grant of opportunity of being heard

September 6, 2023 2241 Views 0 comment Print

Analysis of Patna High Court’s ruling in the Vivek Kumar Mittal Vs State of Bihar case, emphasizing the court’s emphasis on natural justice and principles of fairness in tax assessments.

ITAT Directs AO to Share Information on 32,855 Beneficiaries of Accommodation Entries

September 6, 2023 11490 Views 0 comment Print

In a significant ruling, ITAT directs the AO to share crucial information about 32,855 beneficiaries involved in accommodation entry schemes, uncovering a massive money laundering operation

Do Children Of Invalid Marriages Have Right In Their Parents’ Share In Hindu Joint Family Property

September 6, 2023 1056 Views 0 comment Print

SC settled the issue as to whether a child, born from a invalid marriage under Hindu Marriage Act, is entitled to ancestral/coparcenary property or only to the self-earned/separate property of parents

Loss cannot be denied by treating Revised Return as Original Return & CIT not liable for cost if no malafide action proved

September 6, 2023 861 Views 0 comment Print

Khadi Grammodhyog Prathisthan Vs Asst. Director of Income CPC (ITAT Jodhpur) The case of Khadi Grammodhyog Prathisthan Vs Asst. Director of Income CPC (ITAT Jodhpur) revolves around the denial of current year losses by treating a revised tax return as an original return. This appeal arises from an order dated 14.02.2023, issued by the National […]

Deduction of cost of land with expenses allowable from sale consideration

September 6, 2023 3993 Views 0 comment Print

ITAT Indore held that deduction of cost of land with expenses for exploitation on land duly allowable from the sale consideration before charging tax on the same.

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