Sunday, 5 October 2014

Penalty was to be levied after hearing assessee if declaration in Form ST-18A wasn’t completely fill

CST & VAT : Where declaration form ST-18A was found blank or not completely filled up, but supporting bills, vouchers, documents found at time of checking of goods were in order, opportunity of hearing was to be given to assessee before imposing penalty


ITAT deletes additions as net profit rate declared by assessee was in consonance with past years

IT : Sudden sharp increase in turnover can be achieved if GP is reduced; however, where NP rate is in consonance with earlier years, GP rate to be upheld


Acknowledgment of debt via email before expiry of 3 yrs would initiate a fresh limitation period fro

CL : Where on consultant's resignation for non-payment, company issued promissory note and thereafter prior to expiry of three years issued an e-mail admitting its liability to pay, fresh period of limitation was to be considered from date of e-mail and not from due date of promissory note


No need to pay fee on filing appeal before Tribunal for refund/rebate of service-tax or excise/custo

Service Tax : In case of filing appeals before Tribunal relating to refund/rebate of Service Tax, Excise Duty or Customs Duty, no fees is required to be paid by assessees


Co. engaged in ITES field wasn’t comparable with a Co. involved in geo-spatial and payroll services

IT/ILT : Assessee-company could not be compared to a company which had 50 times high turnover as compared to assessee-company and which also had big brand value