Tax
18% IGST Is Applicable On Nutrition/Dietary Supplements: CESTAT
The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that 18% Integrated Goods and Service Tax (IGST) is applicable on nutrition and dietary supplements. The bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the appellant has declared their goods, namely nutrition and dietary supplements, under Tariff Item...
Online Ticketing Platform Under Aegis Of BookMyShow Not Receiving Any Consideration From Card Companies, No Service Tax Payable: CESTAT
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the online ticketing platform under the aegis of BookmMyShow is not receiving any consideration from card companies, and no service tax is payable.The bench of Anil G. Shakkarwar (Technical Member) and Dr. Suvendu Kumar Pati (Judicial Member) has observed that, as per the agreement, card companies...
[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court
The Allahabad High Court has held that mandatory condition of pre-deposit prescribed under Section 35F of the Central Excise Act for filing appeals before the Customs Excise and Service Tax Appellate Tribunal cannot be waived under Article 226 of the Constitution of India.Petitioner approached the High Court against the order passed by the Commissioner, Central Goods and Service Tax,...
Income Tax Addition Can't Be Deleted For Sole Reason Of Erroneously Mentioning Section: ITAT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the addition cannot be deleted for the sole reason that the section under which the addition is made is mentioned erroneously and that it is necessary to look into the merits of the case. The bench of Anikesh Banerjee (Judicial Member) and Padmavathy S (Accountant Member) has observed that the addition is made primarily...
Import Of Second Hand Medical Devices Having Minimum Residual Life Of 5 Years Or More Are Not E-Waste/Hazardous Waste: CESTAT
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that used medical devices with a minimum residual life of 5 years or more are not e-waste or hazardous waste.The bench of Anil Choudhary (Judicial Member), while quashing the confiscation and penalty order on imported used medical devices, held that the goods—used medical devices—were found to be...
Technical Assistance For Manufacture Of Aircraft & Engines Not Covered Under IPR-Services: CESTAT
The Kolkata Bench of Customs Excise and Service Tax Appellate Tribunal (CESTAT) has held that technical assistance for the manufacture of aircraft and engines is not covered under the category of "Intellectual Property Services" (IPR-Services).The bench of Ashok Jindal (Judicial Member) and Rajeev Tandon (Technical Member) has observed that technical knowhow provided by a foreign company to...
Rajasthan High Court Admits Appeal On Issue Of Reversal Of Credit On Input Lying In Stock When Final Product Is Exemplified
The Rajasthan High Court, Jodhpur, comprising Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman, admitted the appeal filed by the Commissioner, Central Excise and Service Tax, on the issue of reversal of credit on input lying in stock when the final product is exemplified.The respondent or assessee is in the business of manufacturing cotton fabrics and manmade fabrics...
Error On Part Of Auditor Should Be Accepted As Reasonable Cause Shown By Trust Management For Delay Condonation: Bombay High Court
The Bombay High Court has held that the error on the part of the auditor cannot be rejected but should be accepted as a reasonable cause shown by the trust management. The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that an assessee, a public charitable trust with almost over thirty years, which otherwise satisfies the condition for availing exemption, should not...
Tata Steel Entitled To Treat Contribution Of Rs. 212.52 Crores To CAF As Revenue Expenditure: Bombay High Court
The Bombay High Court has held that Tata Steel is entitled to treat the contribution of Rs. 212.52 crores to the Compensatory Afforestation Fund (CAF) as revenue expenditure.The bench of Justice K. R. Shriram and Justice Neela Gokhale has relied on the decision of the Bombay High Court (Goa Bench) in the case of The Commissioner of Income Tax v. Dr. Prafulla R. Hede, and another has accepted...
ITAT Cases Weekly Round-Up: 14 April To 20 April 2024
Actual Expenditure, Source Of Which Was Not Explained, Attracts Deeming Provisions Of Sec 69: Ahmedabad ITAT Case Title: Hyfun Frozen Foods Pvt. Ltd. Verses Income Tax Officer The Ahmedabad ITAT recently ruled that actual expenditure, the source of which has not been explained, attracted the deeming provisions provided u/s 69 of the Income tax Act. Extension Of Timeline For...
'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court Reiterates
The Gujarat High Court has reiterated that the Electronic Credit Ledger (ECL) can be utilized for making pre-deposits in appeals under the Goods and Services Tax (GST) regime.Shiv Crackers, a partnership firm involved in the distribution of pyrotechnic articles, contested an order issued by the Additional Commissioner under the CGST Act. This dispute stemmed from a search operation conducted...
Primary Agricultural Credit Society Entitled To Benefit Section 80P(2)(i) For Providing Credit Facilities For Non-Agricultural Purposes To Its Members: ITAT
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has held that Primary Agricultural Credit Society is entitled to benefit under Section 80P(2)(i) of the Income Tax Act for providing credit facilities for non-agricultural purposes to its members.The bench of Rajpal Yadav (Vice President) and Manish Borad (Accountant Member) has observed that the appellant society is eligible for...