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Judiciary

Exemption under 12/2012-CE available to aluminium structures and fabricated items used as towers of wind turbines

July 18, 2023 438 Views 0 comment Print

CESTAT Chennai held that aluminium structures and fabricated items used as towers are integral part of Wind Turbines or Wind Operated Electricity Generators (WOEG) so as to be eligible for exemption under Notification No.12/2012-CE dated 17.03.2012.

Sharing service of corporate staff with group companies is covered within ‘manpower recruitment or supply agency’

July 18, 2023 474 Views 0 comment Print

CESTAT Chennai held that the sharing services of their corporate staff with the group of companies is covered by the definition of ‘manpower recruitment or supply agency’ as defined in Section 65(105)(k) of FA, 1994 read with section 65(68) ibid.

Anticipatory Bail denied as details of consideration pertaining to sale deed was missing: SC

July 18, 2023 13386 Views 0 comment Print

In present case, the Hon’ble Apex Court quashed the anticipatory bail filed under section 438 of the CrPC wherein the details pertaining to PAN Number and TDS were missing for the registration of sale deed and there was no source of transaction of consideration for the purchase of land even when the property in dispute was highly undervalued.

No TDS on amount paid by resident to non-resident for resale of computer software through EULA agreements

July 18, 2023 9771 Views 0 comment Print

ITAT Delhi held that amounts paid by resident Indian to non­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty and hence not taxable in India. Hence, TDS u/s. 195 not deductible.

Pressmud, bagasse, boiler ash and sludge being waste or byproduct is outside the purview of rule 6 of CCR, 2004

July 18, 2023 1188 Views 0 comment Print

CESTAT Mumbai held that pressmud, bagasse, boiler ash and sludge, generated during the manufacturing of sugar/molasses, are waste or byproduct and therefore Rule 6 of the Cenvat Credit Rules, 2004 (CCR, 2004) shall have no application.

Enhancement by CIT(A) without providing opportunity to assessee is unsustainable

July 18, 2023 411 Views 0 comment Print

ITAT Delhi held that enhancement by CIT(A) without providing reasonable opportunity of showing cause against the proposed enhancement to the Assessee is unsustainable in law.

Demand invoking extended period unsustained as notice issued after two years of departmental knowledge

July 18, 2023 1026 Views 0 comment Print

CESTAT Delhi held that entire demand invoking extended period of limitation unsustainable as show cause notice was issued after more than two years of the facts coming to the knowledge of the department.

Provisions of section 56 of CGST Act mandates payment of interest in case of delayed refund

July 18, 2023 3957 Views 0 comment Print

Gujarat High Court held that as per provisions of section 56 of the Central Goods and Services Tax Act, 2017 [CGST Act, 2017], it is mandatory to pay interest in case of delayed refund. Accordingly, petitioner is entitled to interest on delayed refund.

Clandestine Removal Charges not Sustainable based on Audit Report vs ER-1 Return

July 18, 2023 831 Views 0 comment Print

CESTAT Kolkata judgment, where Micky Metals Limited successfully challenged a claim of clandestine removal based solely on discrepancies in audit report and ER-1 return figures. Understand the implications and insights from the case ruling.

Section 12A: Voluntary Corpus Contribution by Unregistered Trust Not Taxable

July 18, 2023 2205 Views 0 comment Print

ITAT Ahmedabad rules that voluntary contributions received towards a trust’s corpus by an unregistered trust under Section 12A are capital receipts and therefore, not taxable. Explore more about this landmark decision.

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