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Archive: 28 June 2022

Posts in 28 June 2022

Banking Regulations Act, 1949 – 6 Things to know

June 28, 2022 5415 Views 0 comment Print

Discover the 6 important aspects of the Banking Regulations Act, 1949. Understand the impact of these regulations on Indian banks and their activities.

Amount paid in excess of tangible asset value is goodwill which is eligible for depreciation

June 28, 2022 1017 Views 0 comment Print

Held that consideration paid by the assessee in excess of its value of tangible assets was rightly classified as goodwill the same is eligible for depreciation

Excise duty not payable on TCS collected from buyer of scrap

June 28, 2022 417 Views 0 comment Print

Yashraj Containeurs Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Revenue sought to include the TCS collected by the appellant from the buyer of scrap in the assessable value for charging Excise Duty. The said TCS is collected and deposited to the income tax department in terms of Section 206C of Income Tax Act, 1961. From […]

Butadiene is nothing but olefin & classifiable under CTH 390290000

June 28, 2022 363 Views 0 comment Print

Astral Limited Vs C.C. (CESTAT Ahmedabad) In the present case as given above the product imported by the appellant consisted of pre-dominantly of Butadiene which is an olefin therefore, in terms of Chapter note 4 to chapter 39 the product is correctly classifiable under CTH 390290000. The Adjudicating Authority and the Commissioner (Appeals) have not […]

No Recovery from sanctioned refund when Assessee already paid pre-deposit of 7.5% or 10%

June 28, 2022 873 Views 0 comment Print

Bayer Vapi Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the sanctioning authority appropriated the demand of Rs.4,50,572/-from the sanctioned rebate claim, the said appropriated amount is towards penalty and interest in a demand case whereas, the appellant had deposited the entire duty amount. When the appropriation was done against the demand […]

In case of parallel proceedings IBC, 2016 overrides Income-tax Act, 1961

June 28, 2022 471 Views 0 comment Print

Pratibha Industries Limited Vs DCIT (ITAT Mumbai)  ITAT held that in case of parallel proceedings under Income-tax Act, 1961 and IBC, 2016, the IBC has an overriding effect over the provisions of the Income-tax Act which has been decided by Hon’ble Apex Court in Principal Commissioner of Income-tax Vs Monnet Ispat & Energy Ltd in […]

Credit for taxes paid cannot be denied for mere non-filing of Form No. 67

June 28, 2022 345 Views 0 comment Print

Shri. Vardhan Vishwanath Vijaya Vs ITO (ITAT Bangalore) In so far as the credit for taxes paid in US is concerned, one of the requirements is that the assessee has to file Form 67 which was filed before the AO only after the date of intimation under section 143(1) of the Act. Filing of Form […]

Penalty not leviable in absence of deliberate misdeclaration

June 28, 2022 3495 Views 0 comment Print

Matter of classification is complex. According, held that there is no scope for indicting the individuals in these proceedings for deliberate misdeclaration. Penalty not imposed as the role of the individuals in the misdeclaration of stores and bunkers is not evident in the impugned order.

Expense on Let out Property not allowable as Business Expense if income offered under House Property

June 28, 2022 501 Views 0 comment Print

DCIT Vs Egberts India Pvt. Ltd. (ITAT Chennai) From the facts, it emerges that the property at Anna Nagar has been let out by the assessee and the rental income has been offered and assessed as Income from House Property. Under this head, the assessee is entitled to claim statutory deduction of 30% and interest […]

Properties purchased by individual in their name & from individual source of income cannot be treated as HUF property

June 28, 2022 4362 Views 0 comment Print

Mahadevan HUF Vs ITO (ITAT Chennai) We noted that the individual Smt. Bhavani Mahadevan had purchased the land at Plot No.94, ARN Nagar, Korattur by way of sale deed dated 14.07.1994 and land at Plot No.II, VGN Avenue, Sennerkuppam Village by way of sale deed dated 03.08.1995. Shri R. Mahadevan had purchased the land at […]

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