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Judiciary

Lessee being service receiver is liable to pay service tax to lessor

May 25, 2023 1839 Views 0 comment Print

Karnataka High Court held that lessor is merely obliged to collect the service tax and remit it to the department. A lessee being the person who avails of service is liable to pay service tax to the lessor.

GST: Turnover relating to different states needs to be assessed separately

May 25, 2023 615 Views 0 comment Print

Andhra Pradesh High Court held that turnover of same assessee in different states cannot be assessed by department of one State. Accordingly, turnover relating to bus business for the States of Andhra Pradesh, Telangana, Tamilnadu and Puducherry needs to be assessed separately.

Imposition of penalty unjustified as no evidence proved involvement of CHA in alleged mis-declaration

May 25, 2023 789 Views 0 comment Print

Delve into the CESTAT Delhi ruling in Shri Satyender Singh Vs Commissioner of Customs case, analyzing penalties imposed without evidence of mens rea for mis-declaration in consignments.

Approval accorded u/s. 153D without application of mind is unenforceable in law

May 25, 2023 1503 Views 0 comment Print

ITAT Delhi held that hollow and cosmetic approval accorded under section 153D of the Income Tax Act without application of mind is unenforceable in law and hence liable to be quashed.

Reassessment merely based on information received from investigation wing is bad in law

May 25, 2023 2883 Views 0 comment Print

ITAT Delhi held that reopening of assessment proceedings merely on the basis of information received from the investigation wing is invalid and bad in law and hence liable to be quashed.

Addition on debatable and controversial issue is beyond the scope of section 143(1)

May 25, 2023 1260 Views 0 comment Print

ITAT Jaipur held that addition by way of adjustment and intimation u/s 143(1) of the Act on debatable and controversial issue is beyond the scope of Section 143(1) of the Income Tax Act.

Deduction towards bad debts written off available as part of sales amount not received

May 25, 2023 1170 Views 0 comment Print

ITAT Delhi held that assessee would be entitled for deduction on account of bad debts written off as part of the sales amount is not received.

Amendment to section 115BBE cannot be applied to search conducted prior to effective date

May 25, 2023 1713 Views 0 comment Print

ITAT Surat held that provision of section 115BBE of the Income Tax Act as amended vide Taxation Laws (Second Amendment) Bill 2016 which is effective from 01.04.2017 cannot be applied to search conducted prior to the effective date.

GST: Bank Account attachment without Notice: HC Quashes Writ & directs to file appeal

May 25, 2023 1815 Views 0 comment Print

Order rejecting application of petitioner for revoking order of attachment of bank accounts is appealable under Section 107 of OGST Act.

No Section 271B penalty for delay due to illness of a partner & hardware damage

May 25, 2023 849 Views 0 comment Print

ITAT Cochin held that delayed audit report, due to illness of a partner and hardware damage, constituted a technical venial breach that did not result in any loss to exchequer.

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