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Judiciary

Penalty u/s 114A of Customs Act not imposable in absence of any duty demand

May 6, 2023 2142 Views 0 comment Print

CESTAT Chandigarh held that penalty under section 114A of the Customs Act, 1962 not imposable in absence of any duty demand. Penalty u/s 114A is invariably linked to the quantum of duty evaded.

HC allows filing of application for Revocation of GST Registration as per notification dated 31.03.2023

May 6, 2023 813 Views 0 comment Print

Explore the Karnataka High Court’s decision on Anandkumar Singh’s petition against GST registration cancellation under Section 29 of the CGST Act. Learn about the subsequent appeal and the remedy available.

Blasting services classifiable under works contract services

May 6, 2023 966 Views 0 comment Print

Commissioner Central Excise & Central GST Vs Navdeep Traders (CESTAT Delhi) Issue- whether the activity of the respondent is a works contract service and thus the value of the blasting material/explosives is to be excluded from the amount received by the assessee for blasting at customers site for excavation of sand stone. The respondent – […]

Orissa HC stays demand as GST Appellate Tribunal not constituted

May 6, 2023 987 Views 0 comment Print

Sundar Pravat Das Vs Joint Commissioner of State Tax (Orissa High Court) Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure subject to the Petitioner depositing entire tax demand within a period of fifteen days from […]

Appeals against ITAT Order will Lie before HC in whose Jurisdiction AO is Situated: SC

May 6, 2023 2409 Views 0 comment Print

Appeals against every ITAT decision shall lie only before High Court within whose jurisdiction AO who passed assessment order is situated: SC

Co-op Credit Society Eligible for Section 80(P)(2) Income Tax deduction: SC

May 6, 2023 12693 Views 0 comment Print

CIT Vs. Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Limited (Supreme Court) There are concurrent findings recorded by CITA, ITAT and the High Court that the respondent/Assessee cannot be termed as Banks/Cooperative Banks and that being a credit society, they are entitled to exemption under Section 80(P) (2) of the Income Tax Act. Such finding of […]

Section 54F exemption eligible on payment on behalf of Assessee by Husband & Son

May 6, 2023 4047 Views 0 comment Print

Section 54F does not require one to one co-relation between capital gain arising out of transfer of long term capital asset and utilisation thereof for purchase /construction of residential house.

Service exempted retrospectively – Tax collected – Tax Incidence passed on – Refund rightly credited to Consumer Welfare Fund

May 6, 2023 246 Views 0 comment Print

Messrs Mahasagar Travels Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Briefly stated the facts of the case are that both the appellants are engaged in the inter-state and intra-state transportation of passengers and registered as Tour Operators and paying service tax in normal course of their business. However, Notification No. 20/2009-ST dated […]

Proceeding by two GST authorities on same issue – HC allowed time barred Appeal

May 6, 2023 1290 Views 0 comment Print

SSB Petro Products Vs Assistant Commissioner (Calcutta High Court) This intra-Court appeal is directed against the order dated 16.01.2023 passed in WPA 29 of 2023. The appellants had challenged the order passed by the Senior Joint Commissioner, State Tax, Howrah Circle dated 21.11.2022 rejecting the appeal filed by the appellant as time barred. On a […]

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 1911 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

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