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Judiciary

TDS payment & Return Filing responsibility is of Person deducting the TDS

May 4, 2023 1812 Views 0 comment Print

Section 200 of the Act casts a duty on person deducting tax to pay the same within prescribed time to the credit of the Central Government. Section 200A of the Act draws out the procedure for processing of statements of tax deducted at source.

TDS credit eligible to dedcutee despite non-payment or non-response to notices by deductor

May 4, 2023 1836 Views 0 comment Print

Paulomi Iyer Vs DCIT (ITAT Ahmedabad) At the outset, we note that this is second round of litigation before us. The background of case is that the assessee is an individual and engaged in the profession of service provider. During the year under consideration, the assessee provided services of SAP implementation to one of her […]

Ignoring debit side entries, entire amount of credit entries cannot be added to taxable income 

May 4, 2023 5235 Views 0 comment Print

Entire amount of credit entries cannot be added to taxable income of assessee ignoring debit side entries and as when assessee is receiving cash and issuing cheques then said cheque of almost same amount then assessee cannot be held beneficiary of entire amount or entire amount of credit entries treating the same as unexplained.

If re-assessment order quashed than penalty levied has no legs to stand

May 4, 2023 1500 Views 0 comment Print

Since quantum appeal itself is being quashed, penalty levied as against reassessment order for furnishing inaccurate particulars has no legs to stand and same is liable to be quashed.

Commissioner cannot re-adjudicated dispute which is already settled in remanded matter by CESTAT 

May 4, 2023 576 Views 0 comment Print

Beekay Steel Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) We find that the Ld. Commissioner in the denovo Order-in-original which is also the order impugned has recorded that the details of invoices mentioned in the documents submitted by the assessee were matched with the copies of invoices submitted and were found to […]

ITAT deletes addition for duly explained peak balance in HSBC accounts

May 4, 2023 639 Views 0 comment Print

Nagappan Arunachalam Vs ITO (ITAT Delhi) The ld. CIT(A) has sustained an addition u/s 69A equal to 50% of the peak balance in HSBC accounts jointly held with the spouse. The Ld. CIT(A) erred in holding that the Appellant was not able to rebut the issues raised by the AO during remand proceedings as the […]

Benefit of Notification 67/1995-CE cannot be denied if appellant is fulfilling requirement of Rule 6 of Cenvat Credit Rules

May 4, 2023 774 Views 0 comment Print

In case obligation under Rule 6(3) of Cenvat Credit Rules is fulfilled in respect of the goods cleared under full exemption then benefit of Notification 67/1995-CE dated 16.03.1995 cannot be denied.

Service tax payable on commission for disbursement of EPF and ESI

May 4, 2023 486 Views 0 comment Print

State Bank of India Vs C.C. E. & S.T.–Surat (CESTAT Ahmedabad) find that the services provided by the appellant are in relation to the disbursement of EPF and ESI. Notification No. 13/2004-ST dated 10.09.2004 provides following exemption: “…. exempts taxable service provided by a banking company or a financial institution including a non-banking financial company, […]

Royalty payment for IPR services not liable to Service tax on RCM

May 4, 2023 777 Views 0 comment Print

The dispute in the present case is relating to the liability of the appellant under IPR service on Reverse Charge Mechanism (RCM).

No liability to Pay Excise Duty on manufacturing by Independent Job Work Contractors

May 4, 2023 384 Views 0 comment Print

Comet Technocom Pvt. Ltd. Vs Commissioner of Central Excise & S. Tax (CESTAT Kolkata) The issue here is very short. The assessee sent materials to diverse job workers for manufacture of the final product. Only inspection of the finished goods was carried out at the premises of the assessee. If the job workers are proved […]

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