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ITAT: Where huge amounts credited to the bank account of the assessee, source of which is not explained, the provision of section 68 of the Act are applicable.
HC: If the law permits Revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the petitioner has a grievance, it shall be at liberty to take its remedies in accordance with law.
HC: Revenue shall proceed de novo from the stage of reply to show cause notice by the Assessee.
HC: The exchange traded derivative transaction carried on by the assessee prior to insertion of Section 43(5)(d) were speculative transactions the loss incurred in those transactions were liable to be treated as speculative loss and not business loss.
ITAT: Merely because the training program was of boarding nature, that cannot change the nature of program to fall in the purview of services, for which consideration should be FIS.
ITAT: Since the conditions of Article 12(4)(b) are not satisfied, the amount received cannot be treated as FTS.
ITAT: When there was a mistake, error or omission on part of the Tribunal, then it is the duty of Tribunal to set it right.
HC: Decision was required to be taken by the PCIT on merits of the matter.
ITAT: The word remitted to or received in Article 24 have to be interpreted literally and By any stretch of reasoning, the word 'remitted' cannot be read as accrued for the purposes of Article 24.
ITAT: ESPN India is merely a reseller of advertisement space it purchases on ESPN UK’s website.
ITAT: The Assessee was not obliged to deduct tax at source under Section 195 while remitting the amount to GT UK LLP.
HC: There must be concealment of income by the assessee or the assessee must have furnished inaccurate particulars of income in order to attract Section 276 C.
ITAT: There is no reason to deprive the assessee of the normal entitlement which would flow out of the provisions of section 70 of the Act.
ITAT: The addition of a trading liability which had ceased can only be made in the previous year in which some benefit in respect of such trading liability by way of remission or cessation thereof, is obtained by the Assessee.
ITAT: The Assessee was liable to deduct tax under Section 194C and defaulted in terms of Section 201, thus, liable to pay interest under Section 201(1A).
ITAT: When the assessee’s husband has not given money for purchase of property, how it can be held that her husband was owner of 50% of the property merely for the reason that his name appears in the conveyance agreement and also in the rental agreement.
ITAT: The AO before drawing any adverse inference against the assessee, should have cross verified from the donors by issuing notice under section 133(6)/131.
ITAT: Assessee is directed not to seek adjournment and cooperate in the hearing of the appeal.
ITAT: There is no uncertainty that service tax paid on input services is an item of expenditure deductible under Section 37(1).
HC: Aditional time of fifteen days should be counted from Mar 17, 2022.
HC: Authorities shall be sensitive enough to address genuine problems of the dealers including the problems being faced in giving effect to the orders of appellate authority, Tribunal and courts.
AAAR: The instant case does not involve assignment of any right to use any natural resource and services received by the respondent do not fall within the ambit of Sl. No. 64.
HC: Contentions raised in the affidavit is first time raised before this Court are not forming part of reasons assigned recorded while passing impugned order of rejection argument canvassed by the Union as regards export of service is concerned, the same has been raised for the first time.​
AAAR: The appellant has failed to establish themselves as pure agent, and consequently, the reimbursement of electric expenses would form part of taxable value in term of clause (c) subsection (2) of Section 15 of the CGST Act, 2017.
AAAR: Issue may be heard by the Advance Ruling Authority on merit after calling for all the required documents as it may deem fit to pronounce its ruling in the matter.
HC: Issues raised in the present Writ Petition are required to be re-examined after filing counter by the respondents.
HC: The manner in which the writ applicant has proceeded so far and also having regard to the fact that very promptly he brought to the notice of the authority concerned and admitted its mistake, the writ applicant is entitled to benefit of doubt.
HC: The applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this bail order.
HC: The statutory right of appeal is not an illusory remedy given to the assessee or a person aggrieved. It is an effective and real remedy granted within the structure of the statute to allow for redressal of genuine grievances.
AAR: School building will be used by State Government for education and cannot be considered a commercial building.
AAR: Refund admissibility is not covered under the gamut of Section 97(2) CGST act and hence, question on refund is not maintainable.
AAR: With effect from 01.01.2022, the impugned services supplied by the applicant will not be covered under Sr. No. 3(vi).
AAR: As per section 95(a), the advance ruling means a decision of the Authority on the matters or on question specified in section 97(2).
HC: Tax has to be imposed on such actual value when statutory provision requires valuation in accordance with actual price and where such actual price is available, therefore Deeming fiction can be applied only where actual value is not ascertainable.
HC: Undoubtedly, non-compliance of the conditions of bail is a ground for cancellation of the same however, in the present case the condition was to deposit a sum of Rs. 2.70 crores with the department which stands satisfied by the petitioner depositing part amount by transfer of ITCs.
AAAR: The Pile Foundation is merely an added measure in view of nature of soil of the Project Site and it cannot be claimed as the foundation by which tanks are fixed to earth, to be eligible as Plant and Machinery.
AAAR: As per section 100(1), AAAR can either confirm or modify the facts examined by AAR and ruling extended and since the Appellant has not contested the applicability of entries 69 & 70, there appears no reason to interfere with ruling of the LA.
AAR: As per section 13(3)(a), the place of provision of services is the location of the Applicant which is in India and hence, impugned supply does not qualify as export of services.
AAR: The supply cannot be regarded as composite supply of original work as defined in clause 2 (zs) of Notification No. 12/2017-Central Tax (Rate) dated June 28, 2017.
AAR: Transfer of Going Concern service is Supply under Section 7 CGST Act and is covered at Entry No. 2 of Notification 12/2017-CT(R).