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Judiciary

Provisional Attachment: HC Directs Appellant to Avail Remedy under GST Rule 159(5)

August 8, 2023 957 Views 0 comment Print

Allahabad High Court rules on remedy under Rule 159(5) against provisional attachment under CGST. Case details and judgement inside.

GST Department Assures High Court of Compliance with GST Law in Attachment Orders

August 8, 2023 1284 Views 0 comment Print

Delhi High Court’s decision on a plea concerning provisional attachment order and supplier communications under the CGST Act. GST Dept promises care.

Recovery of Excise Duty: CESTAT Kolkata orders re-adjudication in Surya Coke case

August 8, 2023 309 Views 0 comment Print

CESTAT Kolkata orders re-adjudication in the Surya Coke case against recovery of arrears of Central Excise Duty for 2011-2014. Read the details.

HC Explains Relevant Stage for Presenting Facts under Section 148A(b) of IT Act

August 8, 2023 939 Views 0 comment Print

Delhi High Court allows Sukhmeet Kaur to reply to SCN, underlining the relevant stage to present facts under Section 148A(b) of the Income Tax Act.

ITAT Directs AO to Examine Section 54 Exemption Eligibility in year in which capital gain is taxable

August 8, 2023 834 Views 0 comment Print

ITAT Ahmedabad rules deduction under Section 54 of the Income Tax Act not allowable in current year. Orders reexamination for Previous A.Y. Details here.

No service tax on transportation of articles which are not goods as per Sales of Goods Act

August 8, 2023 729 Views 0 comment Print

CESTAT held that effluent does not qualify to be a ‘good’ as per Sales of Goods Act, 1930 and as per definition of GTA only transportation of ‘goods’ is covered under GTA service. Thus, transportation of effluent by GTA is out from ambit of service tax.

Revenue Department cannot seize cash which does not form part of stock in trade

August 8, 2023 1773 Views 0 comment Print

In the present case, the investigation was aimed at detecting tax evasion. Thus, seizure of cash which did not form part of the stock in trade was not justified. Accordingly, the retention of such cash by the Revenue department was not correct.

For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1155 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Power to transfer appeals is vested with benches of ITAT & not with President

August 7, 2023 924 Views 0 comment Print

The assessee, M/s. K.K. Patel Finance Ltd has jurisdiction in Indore. The Assistant Commissioner of Income Tax passed assessment orders, indicating jurisdiction. The parties discussed appellate jurisdiction between the ITAT and the High Court based on the Assessing Officers location. The assessees counsel requested the appeals be transferred to the ITAT Indore Bench for adjudication.

10% TDS Applicable on Payment to FSII for Availing Pilot training, rules ITAT

August 7, 2023 1146 Views 0 comment Print

The assessee is a company engaged in the business of Air Transport of Passengers and is a holder of Non-Scheduled Air Transport (Passenger) Services (NSOP) permit granted by the Director General of Civil Aviation / Ministry of Civil Aviation.

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