Judgements and Orders, Supreme Court and High courts of India

One-to-one correlation between output service and input service not required for for claiming refund

Bimal Jain 28 July 2021 at 09:29

The Hon'ble CESTAT, Bangalore in General Motors Technical Centre India Pvt. Ltd. v. Commissioner of Central Tax [Service Tax Appeal No. 20400 of 2020, dated April 1, 2021] set aside the order passed by the Commissioner (Appeals) rejecting the refund

Posted in Service Tax | 245 Views

GST payable at the time of transfer of possession/ rights in the building to the person supplying development rights

Bimal Jain 26 July 2021 at 18:59

In Re: M/s. Vajra Infracorp India Private Limited [TSAAR Order No.03/2021 decided on July 19, 2021] wherein the assesee is provider of taxable services of construction of residential complexes.

Posted in GST | 131 Views

Allowed set off of MAT Credit inclusive of Surcharge, Education Cess

Bimal Jain 26 July 2021 at 14:21

In M/s. Tata Motors Ltd. v. DCIT(LTU)-2 [ITA No. 2397/Mum/2019 decided on June 25, 2021], M/s. Tata Motors Ltd. ('the Appellant') filed an appeal against the order of Commissioner of Income Tax (Appeals)-1, Mumbai ('the Respondent') computing set-off

Posted in Income Tax | 158 Views

Delhi HC directed to hold final order w.r.t. reopening of old assessments of pre-GST period

Bimal Jain 26 July 2021 at 14:21

In M/s. Tuli Motors through its Managing director & Anr v. Union of India &Ors. [W.P. (C) 6766/2021 decided on July 20, 2021] M/s. Tuli Motors ('the Petitioner') challenges the show cause notice dated April 19, 2021 ('SCN'), and the summons dated Oct

Posted in GST | 147 Views

No service tax on amount paid to employees deployed from a company outside India

Bimal Jain 26 July 2021 at 14:21

In M/s Imasen Manufacturing India Private Limited v. Assistant Commissioner, CGST Division-E, Behror [OIA No. 202(SM)ST/JPR/2021 dated June 9, 2021], M/s Imasen Manufacturing India Private Limited ('the Appellant') is engaged in the manufacture of Ca

Posted in Service Tax | 205 Views

Company entitled to refund of Cenvat credit lying in Cenvat credit account on closure of business

Bimal Jain 26 July 2021 at 14:20

In M/s Nichiplast India Pvt. Ltd. v. Principal Commissioner CGST [Excise Appeal No. 50790 of 2019 decided on July 23, 2021], M/s Nichiplast India Pvt. Ltd. ('the Appellant') closed down their manufacturing activities and surrendered their Registratio

Posted in Excise | 109 Views

Professional and consultancy charges incurred during acquisition of companies cannot be treated as revenue expenses

Bimal Jain 26 July 2021 at 14:19

In M/s. Steer Engineering Pvt. Ltd. v. The Addl. Commissioner of Income Tax [ITA No. 2070/Bang/2018 decided on July 22, 2021], M/s. Steer Engineering Pvt. Ltd. ('the Appellant') acquired the business of two companies namely Concord United Products Pv

Posted in Income Tax | 225 Views

Charitable Society providing hostel facilities to staff and students is integral part of Educational Activities, exemption allowed

Bimal Jain 26 July 2021 at 14:19

In Durga Charitable Society v. JCIT [I.T.A. No. 4440/DEL/2015 decided on July 22, 2021] Durga Charitable Society ('the Appellant') is a Society duly registered under Society Registration Act, 1860 and is engaged in running various educational institu

Posted in Income Tax | 132 Views

Whether an income is to be treated as a business income or income from undisclosed sources u/s 68 of the Income Tax Act?

Guest 24 July 2021 at 10:59

The present appeal has been preferred by the assessee for the assessment year 2015-16 against the order dated 21.06.2019 of the Commissioner of Income Tax(Appeals)-10, Kolkata (hereinafter referred to as the ‘CIT(A)’).

Posted in Income Tax | 160 Views

Criteria for denial of exemption u/s 54 of the Income Tax Act

Guest 24 July 2021 at 10:59

This is an appeal filed by the assessee against the order of ld. CIT(A), Ajmer dated 17.10.2019 wherein the assessee has raised the following grounds of appeal:

Posted in Income Tax | 133 Views