News Updates
Vouchers Are Neither Goods Nor Services, No ITC Available To Myntra: AAAR
The Karnataka Appellate Authority of Advance Ruling (AAAR) has held that input tax credit (ITC) is not available on the vouchers and subscription packages procured by Myntra from third-party vendors.The two-member bench of Ranjana Jha and Shikha C. has relied on the decision of the Karnataka High Court in the case of M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors., in...
Cenvat Credit Allowable On The Service Of Repair & Maintenance During Warranty Period: CESTAT
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that cenvat credit is allowable on the service of repair and maintenance during the warranty period.The two-member bench of Ramesh Nair (Judicial Member) and C.L. Mahar (Judicial Member) observed that Rule 2(l) of the Cenvat Credit Rules, 2004, particularly in the inclusion clause, covers...
Service Tax Not Payable On Services Of Advertisement In Print-Media: CESTAT
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not applicable to the service of advertisement in print media.The two-member bench of Justice Dilip Gupta (President) and Hemambika M. Priya (Technical Member) has observed that the services of advertisement in respect of print media are exempted in terms of the negative list of...
Assesses Failed To File Affidavit Proving Repayment Of Loans: Orissa High Court Sustains Addition On “Unsecured Loan”
The Orissa High Court has sustained the addition of unsecured loans under Section 68 of the Income Tax Act, 1961.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has observed that the direction issued by the ITAT in the first round was to the effect that the AO should verify whether the assessee had repaid the amount "by calling all the creditors". Therefore, it is the...
Stone Crusher Industry Plays Pivotal Role In Country's Development, Govt Policy Has Liberalized Mining Regime: J&K And Ladakh High Court
Terming the Standing Order issued by J&K Govt in 2021 for regulation of the stone crushing units in the UT as a valid piece of legislation, the Jammu and Kashmir High Court said that it has in a way liberalized the establishment of stone crusher units.The bench of Justice Wasim Sadiq Nargal observed:"The growth of the country and infrastructural development, the stone crusher industry plays...
Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their disputes through the mode...
TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court
The Delhi High Court has ruled that the revenue department cannot adjust the withheld tax (TDS) which has not been deposited by the deductor (employer) in the Central Government Account, against the refund due and payable to the deductee/assessee. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju held that adjustment of demand against future refund amounts to an...
Was Indian Express Justified In Deducting Employees’ Salaries During COVID-19 Pandemic? Allahabad High Court Says Labour Court To Decide
The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.Various employers including the newspapers had deducted the salaries...
Child Entitled To Get Admission In DoE-Allotted School If EWS/DG Category Established: Delhi High Court
The Delhi High Court has observed that a child is entitled to get admission in the school allotted by Directorate of Education (DoE) on the reserved seats under RTE Act after it is established that he or she belongs to the economically weaker section (EWS) or disadvantaged group (DG) category.Justice Mini Pushkarna said that denying admission to any child under DG or EWS category after...
Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court
The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...
CESTAT Allows Interest On Refunded Amount Deposited During Investigation
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed interest on the amount refunded, which was deposited during the investigation.The bench of Anil Choudhary (Judicial Member) has observed that interest on refund of amounts deposited during an investigation or deposited during the pendency of an appeal is allowable under Section 35EE of the Act and...
Advocate Gunratan Sadavarte Approaches Bombay High Court After Bar Council Initiates Disciplinary Proceedings For 'Malicious' Statements In Media
Advocate Gunratan Sadavarte, accused of orchestrating the attack outside NCP leader Sharad Pawar’s home last year, has approached the Bombay High Court against the disciplinary proceedings initiated against him by the State Bar Council. The list of alleged misdemeanours includes “malicious” and “obnoxious” statements to the media during the Maratha Reservation and...