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Judiciary

Services relating to construction of roads etc. to Government authorities is exemption vide notification 25/2012-ST

July 9, 2023 4647 Views 0 comment Print

CESTAT Ahmedabad held that services related to construction of roads etc. the Government authorities/ agencies are covered under Mega Exemption of Service Tax notification no. 25/2012-ST and hence demand unsustainable.

CENVAT credit on warranty services eligible as such service are in relation to manufacture

July 9, 2023 381 Views 0 comment Print

CESTAT Hyderabad held that the services provided to fulfil warranty obligation would be eligible as input services being a service in relation to manufacture. Further, also the warranty charges were included in the assessable value of goods sold to the customers.

Extended period not invocable in absence of suppression of facts with an intent to evade payment of service tax

July 9, 2023 2442 Views 0 comment Print

CESTAT Delhi held that extended period of limitation cannot be invoked in absence of suppression of facts with an intent to evade payment of service tax. Here, it was merely suppression of facts but intent to evade payment of service tax was absent.

Invocation of extended period not justified as there was no wilful suppression of facts

July 9, 2023 588 Views 0 comment Print

CESTAT Chennai held that as the demand was raised on the basis of the books of accounts which was not hidden from the department, there was no wilful suppression or mis-statement of facts with intent to evade tax and hence invocation of extended period not justified.

Service tax not payable as mere use of word commission doesn’t mean seller has paid commission

July 9, 2023 669 Views 0 comment Print

CESTAT Delhi held that mere use of the word “commission” in the clause dealing with terms of payment would not mean that “commission” was paid by the seller. The goods were sold on principal to principal basis and payment to buyer was expenses incurred by overseas buyer and not commission. Hence, service tax not payable.

Disallowance towards delayed payment of PF & ESIC unjustified as amount paid before due date of return u/s 139(1)

July 9, 2023 762 Views 0 comment Print

ITAT Mumbai held that disallowance towards payment of PF & ESIC u/s 36(1)(va) unjustified as the amount is deposited before the due date of return of income u/s 139(1) of the Income Tax Act.

Addition towards on-money receipts sustained by invoking statue presumption u/s 292C

July 9, 2023 381 Views 0 comment Print

ITAT Pune held that addition towards on-money receipts sustained based on seized document by invoking the statute presumption under section 292C of the Income Tax Act.

TDS not deductible on rent payment made to person who is exempt from payment of tax

July 9, 2023 849 Views 0 comment Print

ITAT Gauhati held that deduction of tax at source not liable as payment of rent was made to assessee who are not liable to pay tax in terms of exemption u/s 10(26) of the Income Tax Act. Accordingly, assessee cannot be held to be ‘assessee in default’.

NCLT Approves Resolution Plan of Neoaska Pharma Pvt. Ltd.

July 9, 2023 576 Views 0 comment Print

Get the latest update on the approval of the resolution plan for M/s. Neoaska Pharma Pvt. Ltd. by NCLT Hyderabad. Dr. G. V. Narasimha Rao, the Resolution Professional, presents the details of the plan submitted by Madhya Pradesh Waste Management Pvt. Ltd.

NCLT approves Resolution Plan of Premshree Devcon Private Limited

July 9, 2023 603 Views 0 comment Print

NCLT Indore approves Premshree Devcon Pvt. Ltd. resolution plan by M/s Land Nest Developers, ensuring stakeholder interests are addressed in compliance with IBC 2016.

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