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Judiciary

Mistake of Department in generating e-way bill – HC grants stay till next date of hearing

May 6, 2023 1155 Views 0 comment Print

Vectus Industries Limited Vs Chif Commissioner (Rajasthan High Court) Heard Mr. Pankaj Ghiya, learned counsel appearing for the petitioner, Mr. M.S. Singhvi, learned Advocate General for the State Authorities and Mr. R.D. Rastogi, Additional Solicitor General appearing for Union of India upon whom the copy of the writ petition was served on the direction of […]

GSTAT not functional: Rajasthan HC grants stay on GST demand subject to payment of 20% tax

May 6, 2023 3084 Views 0 comment Print

The submission of learned counsel for the petitioner is that while filing the appeal, the petitioner had already deposited 10% of the disputed tax amount and that in view of Section 112 of the RGST Act, if he deposits further 10% of the disputed tax amount while filing the appeal before the appellate authority i.e. the tribunal, the depositing of remaining amount shall stand automatically stayed.

Deduction u/s 10B available against interest on bank deposits, receipts of subsidy and insurance claim

May 6, 2023 3450 Views 0 comment Print

ITAT Delhi held that interest on bank deposits, receipts of subsidy and insurance claim are eligible to be included in profits of 100% export oriented unit for purpose of claiming deduction under section 10B of the Income Tax Act.

No service tax payable on construction of flat which is for personal use of service recipient

May 6, 2023 972 Views 0 comment Print

CESTAT Chennai held that there is no Service Tax liability as and when the construction of flat is for the personal use of the service recipient.

No hard and fast rule can be laid down for fixing quantum of redemption fine

May 6, 2023 948 Views 0 comment Print

CESTAT Ahmedabad held that no hard and fast rule can be laid down for fixing quantum of redemption fine but the same has to be done, depending upon facts and circumstances of each case

Addition u/s 69C sustained as search in group concern proved maintaining of books of accounts outside regular books

May 6, 2023 1605 Views 0 comment Print

Supreme Court held that addition u/s 69C as unexplained income sustained as based on search conducted in group concern it was found that assessee was maintaining the books of accounts outside regular books.

Service tax not leviable on purchase of land from landowners and re-sale to Real Estate Developers

May 6, 2023 783 Views 0 comment Print

CESTAT Ahmedabad held that purchase of land from landowners and re-sale of the same to Real Estate Developers doesn’t fall under the category of ‘Real Estate Agency Service’ and hence not liable to service tax.

CENVAT Credit not deniable alleging supplier not liable to pay duty

May 6, 2023 1230 Views 0 comment Print

CESTAT Ahmedabad held that irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, CENVAT Credit not deniable once duty has been paid on the goods at the recipient end. In nut-shell, CENVAT not deniable on the ground that the supplier was not liable to pay duty on goods supplied.

Addition of unexplained closing cash balance unsustained as cash was generated from agricultural activity

May 6, 2023 828 Views 0 comment Print

ITAT Ahmedabad held that addition towards closing cash balance as unexplained cash credit u/s 68 unsustained as cash was generated from agricultural activity and revenue failed to discharge the onus of disproving the said contention of the assessee.

Supplying of labour is not classifiable under ‘Cargo Handling Service’

May 6, 2023 321 Views 0 comment Print

CESTAT Ahmedabad held that supplying labour doesn’t qualify as ‘Cargo Handling Services’. The goods do not become cargo as any movement of goods within the factory does not make it a cargo.

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