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The Bombay High Court has accepted an appeal for hearing filed by the Principal Commissioner. This appeal challenges a previous decision made by the Pune ITAT, which had ruled in favour of a joint venture involving Subhash and B.T. Patil and Sons, along with N.V. Kharote Construction Pvt. Ltd. The issue is of TDS applicability […]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has determined that the Fee for Technical Service (FTS) and interest income received from the joint venture Indian company must be taxed by the directive issued by the Tax Deduction at Source Officer, as per Section 195 of the Income Tax Act, 1961. The taxpayer […]
The Kerala Bench of the Authority for Advance Ruling, in the case of IN RE: M/S. CHOICE FOUNDATION – 2023 (7) TMI 570 – AUTHORITY FOR ADVANCE RULING, KERALA, ruled that because the assessee and the joint venture are two separate entities in the means of taxation, the supply of services to the joint venture […]
The Additional Commissioner of CGST, Delhi South Commissionerate, imposes an Order-in-Original on GAIL (India) Limited, the state-owned gas utility. It had asked for the Goods and Services Tax (GST) on corporate guarantees issued by the company to banks on behalf of its subsidiaries and joint ventures. On December 10 at 5:00 PM, an order was […]
A Mumbai-based taxpayer was in trouble when it was discovered that the TDS credit of Rs 96 lakh (96,12,846) was missing from his Form 26AS. He gets a tax notice demanding Rs 1 crore, which includes interest under Sections 234B and 234C, even after reporting the related income in his ITR and filing the required […]
When the taxpayer has proved the actual movement of goods and it stayed unrebutted via authority, then the proceedings u/s 74 of the Goods and Services Tax Act, 2017 are not justified, Allahabad High Court cited. U/s 74 of the GST Act, the proceedings could be initiated if the taxpayer has not paid or short […]
The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) reviewed the validity of an assessment conducted under Section 144 of the Income Tax Act, 1961. The focus of the examination was whether this assessment could be upheld or rectified at a later stage despite the absence of a required notice under Section 143(2) of […]
The Supreme Court, without a valid cause, the Goods and Service Tax (GST) refund from the cash ledger cannot be withheld. The Union of India’s challenge against a Delhi High Court ruling has been dismissed by a bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, which quashed the order of the GST authority staying […]
In a recent ruling, the Madras High Court held that a works contract involving track doubling and associated infrastructure development under the purview of Rail Vikas Nigam Limited (RVNL) is subject to 12% GST, not 18% as claimed by the tax authorities. Justice Mohammed Shaffiq, delivering the judgment, emphasized that while exemption notifications should be […]
