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Judiciary

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.

Failure to collect TCS – ITAT quashes order passed beyond limitation period

July 1, 2023 366 Views 0 comment Print

In Nisarahmed Abdulsattar Vs. ITO, ITAT Ahmedabad quashes the Assessment Order for failure to collect TCS on the sale of metal scrap before the limitation period. Read the full order here.

Service Tax Demand under RCM: Transaction-wise, not Invoice-wise

June 30, 2023 3555 Views 0 comment Print

This article delves into the complexities of service tax demand under the reverse charge mechanism, emphasizing the importance of analyzing transactions individually. We examine a recent case involving M.P. Audyogik Kendra Vikas Nigam (Indore) Ltd and provide insights on the matter.

No section 40A(3) disallowance for cash payment for land on sellers demand

June 30, 2023 9678 Views 0 comment Print

Delve into the detailed analysis of the Monika Chitrasen Patil Vs ITO case by ITAT Pune. Understand the context, the decision, and its implications on cash payments in property transactions.

No violation of competition act by Shubham Consumer Durables: CCI

June 30, 2023 987 Views 0 comment Print

Read the analysis of the Competition Commission of India’s decision in the N. Rajesh Kumar vs Shubham Consumer Durables Pvt. Ltd. case. The Commission concludes that no violation of the Competition Act is established, dismissing allegations of cheating, misappropriation, and fraud.

Addition based on mere statement of assessee & loose papers/sheets/diaries: ITAT deletes 

June 30, 2023 5865 Views 0 comment Print

ITAT Pune’s decision to delete the addition of Rs. 39.69 Crores for Manoj Madanlal Chhajed Vs ACIT, emphasizing the absence of concrete evidence beyond the assessee’s statement and unverified documents, showcases meticulous judicial scrutiny.

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