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Judiciary

CESTAT set-aside penalty on Cable TV Operator for non-payment of service tax

July 31, 2023 504 Views 0 comment Print

Tribunal grants relief to small cable TV operator for Service Tax non-payment. M/s SIFY already paid tax. Appellant’s compliance efforts noted. Penalties set aside.

Effluent Transport Doesn’t Attract Service Tax Under GTA

July 31, 2023 774 Views 0 comment Print

Understand CESTAT’s decision in Panoli Enviro Technology Limited vs Commissioner of Central Excise & ST that effluent transportation doesn’t qualify as ‘goods’ under the Goods Transport Agency service, hence is not liable to Service Tax.

ITAT Upholds Addition: Failure to Explain Large Share Premium

July 31, 2023 363 Views 0 comment Print

Explore an analysis of ITAT’s ruling against Timely Commercial P. Ltd for its failure to explain large share premium received, upholding an addition.

Tax on royalty to foreign companies: SC Upholds Legality of Engineering Analysis Case

July 31, 2023 7116 Views 0 comment Print

The Supreme Court of India dismisses the Special Leave Petition (SLP) and upholds the legality of the Engineering Analysis case regarding the taxability of royalty paid to foreign companies.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 597 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

Sanctioned Refund can Be Adjusted against Excise Duty Dues: CESTAT Ahmedabad

July 31, 2023 213 Views 0 comment Print

CESTAT Ahmedabad rules that a sanctioned refund claim can be adjusted to any dues of excise duty as per Section 11 of the Central Excise Act. The case involves the appropriation of excess Cenvat credit and penalty amounts from the refund.

TDS not deductible on payments to Non-resident Telecom Operators

July 31, 2023 1251 Views 0 comment Print

Karnataka High Court held that payments made to Non-resident Telecom Operators for provision of bandwidth and Inter-connectivity Usage Charge are not covered as Royalty/ FTS and, accordingly, TDS not deductible. Further, assessee is entitled to take benefit of DTAA between two countries.

CESTAT Upholds Service Tax Addition for Shipping Line Services as Steamer Agent

July 31, 2023 486 Views 0 comment Print

CESTAT Ahmedabad upholds the addition of service tax on services provided to shipping lines, classifying them under the category of steamer agent as per Section 65(100) of the Finance Act.

CESTAT Ahmedabad Reduces Bank Guarantee for Provisional Release Based on Precedent

July 31, 2023 219 Views 0 comment Print

CESTAT Ahmedabad reduces the bank guarantee for provisional release of imported dry dates to Rs. 18 lakhs, citing the proportionate value of the goods. The appellant, K.L. International, had sought reconsideration of the original order, arguing that the goods were perishable edible goods and not restricted or prohibited.

ITAT Allows Deduction u/s. 80JJAA: Revised Return Categorization Mistake corrected

July 31, 2023 1224 Views 1 comment Print

ITAT Mumbai allows the claim of deduction u/s. 80JJAA for the assessment year 2020-21, as the taxpayer had filed the original return of income on time. The claim was initially denied due to an error in categorizing the revised return as an original return.

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