In case of change of AO, newly appointed AO shall continue proceeding from the stage where they were left by earlier AO

18 ViewsThe Hon’ble Supreme Court (“the Supreme Court”) in the case of Dy. Commissioner of Income Tax New Delhi v. M/s Mastech Technologies Pvt. Ltd. (Civil Appeal No. No. 8077 OF 2022) dated November 03, 2022 held that in case of transfer of Assessing Officer (“AO”), the new AO can only continue the proceeding from […]

Charitable institution, society or trust should ‘solely’ engage itself in educational activities and not in any activity of profit to enjoy tax exemption

99 ViewsThe Hon’ble Supreme Court in M/s. New Noble Educational Society, v. The Chief Commissioner of Income Tax 1 [Civil appeal no. 3795 of 2014 dated October 19, 2022] has held that for tax exemption, the charitable institution, society or trust should ‘solely’ engage itself in educational activities and not in any activity of profit. […]

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

86 ViewsThe Hon’ble Supreme Court of India in Munjal Showa Ltd. v. Commissioner of Customs and Central Excise [Civil Appeal Nos. 2576 of 2010 AND 5608 of 2011 dated September 23, 2022] dismissed both the appeals filed by the assessee and directed the adjudicating authority to complete the penalty proceedings on remand, at the earliest preferably within a period of six months from […]

SC: No Criminal Proceedings can be initiated against any Benami transaction prior to October, 2016

153 ViewsThe Hon’ble Supreme Court, India in the matter of Union of India v. Ganpati Dealcom (P.) Ltd [Civil Appeal No. 5783 of 2022 dated August 23, 2022] has held that the revenue department cannot initiate criminal proceedings for transactions entered into prior to the Benami Transaction (Prohibition) Amendment Act, 2016 (“the Benami Amended Act”) […]

Indivisible composite works contracts are not chargeable to Service tax prior to June 2007

104 ViewsThe Hon’ble Supreme Court of India in the matter of M/s. Total Environment Building Systems Pvt. Ltd. v. The Deputy Commissioner of Commercial Taxes & Ors. [CIVIL APPEAL NOS. 8673-8684 OF 2013 dated August 02,2022] upheld the decision of the Commissioner, Central Excise and Customs, Kerala vs. Larsen and Toubro Limited, (2016) 1 SCC […]

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