Tax
IT And Admin Services By Singapore Entity To Its Affiliate In India Can’t Be FTS: Delhi High Court
The Delhi High Court has held that information technology and other administrative services provided by the respondent or assessee to its affiliate in India could be construed as fees for technical services (FTS).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that services offered by the respondent or assessee to its Indian affiliates did not come within the...
Bombay High Court Restrains GST Dept. From Passing Final Order On Demand Notices Against Delta Corp.
The Bombay High Court has restrained the GST Department from passing final order on demand notices against Delta Corp.The bench of Justice M.S. Sonak and Justice Bharat P. Deshpande while listing the matter on 5 February 2024 issued the notice to the centre.In addition to contesting several other circulars, clarifications, and rate notifications issued by the Central Board of Indirect Taxes...
CBDT Extends Due Date For Filing The Report Of Accountant For AY 2023-24 Until December 31, 2023
The Central Board of Direct Taxes (CBDT) has extended the due date for filing newly notified Form 56F in respect of the report of accountant for AY 2023-24 until December 31, 2023.The Board has considered the difficulties arising to the taxpayers and other stakeholders in timely filing of the report of the accountant required to be filed under section 10AA(8) read section 10A (5) of...
9 Hours Time Gap Between The Expiry Of E-Way Bill And Interception Of The Vehicle: Calcutta High Court Directs Refund Of Penalty
The Calcutta High Court has directed the refund of the penalty in the case where there was a 9-hour time gap between the expiry of the e-way bill and the interception of the vehicle.The bench of Justice Md. Nizamuddin observed that there was no intention of the petitioner to evade the payment of tax.The petitioner/assessee challenged the order of the appellate authority under the WBGST...
CESTAT Quashes Service Tax Demand On Transport Of Goods With Loading And Shifting From Private Railway Siding To Stacking Yard
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on the transport of goods with loading and shifting from private railway sidings to stacking yards.The bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) observed that the main activity of the assessee or appellant is the transportation of materials,...
Sikkim High Court Stays GST Show Cause Notice Against Casino And Online Gaming Company, Delta Corp.
The Sikkim High Court has stayed the GST demand against casino and online gaming company Delta Corp.The bench of Justice Bhaskar Raj Pradhan has mandated that the department and respondents maintain the status quo regarding the show cause notice. This means that no coercive or precipitous action should be taken against Delta Corp. in the interim. A hearing on the subject has been scheduled...
Tax Cases Weekly Round-Up: 15 To 21 October, 2023
Supreme Court U.P. Trade Tax Act | ‘Tinted Glass’ To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from ‘Plain Glass’: Supreme Court Case Title: M/S Triveni Glass Limited v COMMISSIONER OF TRADE TAX, U.P. Case No.: 2023 LiveLaw (SC) 896 The Supreme Court has held that ‘Tinted Glass Sheet’ is different from ‘Plain Glass sheet’ and...
CESTAT Allows Cenvat Credit On Waste Treatment Services While Manufacturing Final Product
The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed the cenvat credit on waste treatment services for the factory's waste treatment arising out of the manufacturing of the final product.The bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the waste treatment service received by the appellant from Bharuch...
No Provision For Taxing Stock Transfer From One Unit To Another Within State: Allahabad High Court Quashes Penalty Order
The Allahabad High Court has held that there is no provision for taxing goods (stock transfer) being transported from one unit of the assesee to another within the State of Uttar Pradesh. The Court further held that intention to evade tax cannot be attributed on movement of assesse's goods from one unit to another.Petitioner's goods were being transported from one unit to another in the State...
Mere Acceptance Of Re-Assessed Value And Payment By Assessee Not Be Sufficient To Confirm Allegations Of Under Valuation: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that mere acceptance of the re-assessed value and payment by the assessee will not be sufficient to confirm the allegations of undervaluation.The bench of Ravana Gupta (Judicial Member) and Hemambika R. Priya (Technical Member) observed that to avoid any delay and demurrage charges, in case the consignment...
PCIT Precluded From Initiating Proceedings Based On Document Not Forming Part Of Any Proceedings: ITAT
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the basis to initiate the proceedings under Section 263 of the Income Tax Act by the PCIT is misplaced as it was based on the document, which was not forming part of any proceedings.The bench of Suchitra Kamble (Judicial Member) and Waseem Ahmed (Accountant Member) has observed that the report from the Departmental...
CBDT Notifies Income Tax Exemption To Punjab Dental Council, Mohali
The Punjab Dental Council, Mohali, has been granted income tax exemption by the Central Board of Direct Taxes (CBDT).The Central Government has notified ‘Punjab Dental Council, Mohali’, which is a Council constituted by the Government of Punjab, in respect of the receipt of registration or renewal received from doctors and interest income on accumulated surplus in the form of F.D.R.s...