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Judiciary

Input Service Distributor procedure not to be followed in absence of head office-branch office relation

July 1, 2023 675 Views 0 comment Print

Held that the Hyderabad office is not required to act as an input service distributor (ISD) as there is no head office-branch office basis relation between the Hyderabad office and other offices. Accordingly procedure under Rule 4A of the Services Tax Rules, 1994 not required to be followed.

Penalty for late filing of Profession Tax Return is not allowable as business expense

July 1, 2023 5202 Views 0 comment Print

ITAT Mumbai held that penalty levied for late filing of Profession Tax Return is penal in nature accordingly is not allowable as business expenditure.

Prior period demand not maintainable as ‘Information Technology Software Service’ effective from 16.05.2008

July 1, 2023 324 Views 0 comment Print

CESTAT Ahmedabad held that as ‘information technology software service’ was implemented w.e.f. 16.05.2008 the same cannot be held taxable prior to that date. Hence, demand for the period prior to 16.05.2008 is not maintainable.

‘Squid Liver Powder’ is correctly classifiable under CTH 23099090

July 1, 2023 591 Views 0 comment Print

CESTAT Chennai held that ‘Squid Liver Powder’ being a high-quality feed ingredient for aqua feed and all type diet for animals, the product which is not for exclusive use for fish, prawn etc. has been correctly classified under CTH 23099090.

Vehicles used in Central Deposit Yard is not leviable to motor vehicle tax

July 1, 2023 597 Views 0 comment Print

Held that the petitioner is plying the vehicles in the Central Deposit Yard premises itself proves that the premises does not fall under the definition of ‘public place’ as under Section 2 sub Section (34) of the Act. Hence, motor vehicle tax not leviable.

Guidelines relating to tax on works contract executed prior and after 01.07.2017

July 1, 2023 525 Views 0 comment Print

Karnataka High Court provided guidelines relating to applicability of tax on works executed prior to 01.07.2017 and works executed after 01.07.2017 in case of where work contract is executed between the petitioners and the State/ other Government agencies.

AP HC grants stay in VAT proceedings as notice was without Jurisdiction

July 1, 2023 522 Views 0 comment Print

In the case of Kalpataru Project International Ltd Vs Union of India, the Andhra Pradesh High Court examines the jurisdiction issue regarding a notice proposing revision of VAT refund. Stay of proceedings is granted until further orders. Get the full judgment and analysis in this article.

Granting 12 hours to reply to a SCN is violation of the principles of Natural Justice

July 1, 2023 4200 Views 0 comment Print

HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.

Section 14 of Customs Act not relevant to rough diamonds as same are leviable to NIL duty

July 1, 2023 873 Views 0 comment Print

CESTAT Mumbai held that section 14 of Customs Act, 1962, or any Rules framed thereunder, is not of relevance to the rough diamonds as the same are leviable to NIL duty as per the Customs Tariff Act, 1975.

Modifications/alterations after approval of resolution plan of CoC and before approval by Adjudicating Authority not justified

July 1, 2023 1968 Views 0 comment Print

NCLAT Chennai held that subsequent to the approval of the Resolution Plan of the CoC and before the approval by the Adjudicating Authority, no modifications / alterations can be called for as IBC is a time bound process.

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