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Judiciary

ITC on vendor invoices received towards food served in canteen

May 29, 2023 1203 Views 0 comment Print

AAR held that if burden of GST have not been passed on to employees, The applicant is eligible for proportionate ITC on permanent employee, on food supplied by canteen service to employees only and not contractual workers.

Ruling cannot be pronounced without proper documentation: GST AAR

May 29, 2023 627 Views 0 comment Print

Read about the GST AAR Andhra Pradesh ruling on Om Shree Maa Mangala Logistics Pvt Ltd. Lack of documents and absence during hearing render application not maintainable.

Non-submission of certified copy of order u/r 108(3) of TNGST Act is only technical defect

May 29, 2023 720 Views 0 comment Print

Madras High Court held that non-submission of certified copy of order within a period of 7 days as stipulated under Rule 108(3) of the Tamil Nadu Goods and Services Tax Rules, 2017 (TNGST Act) is only a technical defect.

Identification of nature of goods based on entries in RG-1 registration needs reconsideration

May 29, 2023 507 Views 0 comment Print

Bombay High Court held that identify the nature of the goods as to whether they are finished or semi finished based on the entries in the RG-1 register needs reconsideration by the Appellate Tribunal.

Addition based on some dummy name without incriminating material is unjustified

May 29, 2023 843 Views 0 comment Print

ITAT Delhi held that addition based on some dummy name without incriminating material reflecting name of the assessee is unjustified.

EPFO not liable to pay service tax on statutory activities performed in terms of EPM & MP Act, 1952

May 29, 2023 612 Views 0 comment Print

CESTAT Delhi held that Employees Provident Fund Organization (EPFO) is not liable to pay service tax on their statutory activities performed in terms of ‘The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952’ (EPM & MP Act, 1952).

TDS on annual maintenance charges for maintenance of medical equipment

May 29, 2023 2628 Views 0 comment Print

Chennai ITAT dismisses Revenue’s appeal against Kovai Medical Centre and Hospital Limited. Consultant doctors’ payments subjected to Section 194J, not 192, due to lack of employer-employee relationship.

Loss claimed arising out of sham transaction between two AE is disallowed

May 28, 2023 513 Views 0 comment Print

ITAT Delhi held that loss claimed arising out of the sham transaction between two associated enterprises (AE) is disallowed.

Section 115BBC not attracted as record of donors duly maintained

May 28, 2023 2631 Views 0 comment Print

ITAT Patna held that as assessee duly complied with the requirement of maintaining the records of the donors in the form of their names and addresses the same cannot be held as anonymous donations and accordingly provisions of section 115BBC of the Income Tax Act are not attracted.

Denial of CENVAT to service receiver alleging issuance of invoice beyond prescribed period unjustified

May 28, 2023 732 Views 0 comment Print

CESTAT Kolkata held that denial of CENVAT Credit to service receiver alleging that invoice is issued by service provider beyond prescribed period is unjustified as obligation of timely issuance of invoice is cast on the service provider and not service receiver.

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