"03 December 2022" Archive

Freight not includible in transaction value as sale take place at factory gate

Bathinda Industrial Gases Pvt Ltd. Vs Commissioner of Central Goods And Service Tax (CESTAT Delhi)

CESTAT Delhi held that freight charges are not includible in the transaction value when the sales take place at the factory gate. Here, appellants are mentioning the freight charges as separately in the invoices and there is nothing in the invoices or any other documents which shows that sales are on FOR destination basis...

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Absolute possession of land to developer is transfer within section 2(47)(v)

DCIT Vs R. Muniraju (HUF) (ITAT Bangalore)

ITAT Bangalore held that irrevocable possession and irrevocable power of attorney to transfer/ sell to the developer makes it clear that absolute possession of land is given to the developer and the amounts to transfer within the meaning of section 2(47)(v) of the Income Tax Act....

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Interest on refund due to additional claim payable from the date additional claim was raised

ACIT Vs Aarti International Ltd. (ITAT Chandigarh)

ITAT Chandigarh held that interest on refund resulting due to additional claim is payable from the date the additional ground, resulting into refund, has been put up for the first time. Here, TUFS receipt to be treated as capital receipt was for the first time taken up before CIT(A) on 04/01/2016....

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TDS credit of employee cannot be rejected for non-payment of TDS by employer to government

Sanjay Gupta Vs ITO (ITAT Delhi)

ITAT Delhi held that it is an admitted fact that TDS is deducted from the salary and the same is not deposited, Governments claim of TDS stands satisfied under CRP. Hence, non-payment of deducted tax by the employer cannot be ground for rejection of TDS credit to the employee....

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Mere taking land on lease doesn’t cover research operations as contract farming

Profarm Seed India Private Limited Vs ITO (ITAT Hyderabad)

ITAT Hyderabad held that merely because the assessee took the land on lease for conducting their research operations to produce the foundation seeds of the hybrid varieties, such a lease cannot ipso facto make the operations of the assessee as contract farming....

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Rejection of disallowance offered u/s 14A after due application of mind is acceptable

H.T. Media Limited Vs PCIT (Delhi High Court)

Delhi High Court held that rejection of basis adopted by the assessee of the disallowance offered under section 14A after due application of mind and considering the reply furnished by the assessee is acceptable...

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GST registration stands revived on uploading pending returns as returns not uploaded due to health issue

Tvl. Marimuthu Venkateshwaran Vs Commissioner (Madras High Court)

Madras High Court held that registration shall stand revived on payment of tax and uploading of return and accordingly granted relief in the case of cancellation of GST registration due to non-filing of GST returns due to health issue...

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Confirmation of penalty u/s 112 of Customs Act to non-importer is unsustainable

Citibank N.A. Vs Commissioner of Customs (ACC & Import) (CESTAT Mumbai)

CESTAT Mumbai held that the appellant being a subsequent purchaser of the goods from the M/s Philips India who had allegedly purchased the imported the goods hence confirmation of penalty under Section 112 of the Customs Act is unsustainable in law....

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Appeal duly filed in manual mode and later delayed in electronic mode is condonable

Saharsh Laxmiratan Daga Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that filing of an appeal against the order of AO was firstly in manual mode, which was duly accepted by the department, and thereafter in electronic mode without losing any time when pointed. The same is sufficient reason to condone the delay....

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Mere marriage certificate of Arya Samaj is not proof of valid marriage

Ashish Morya Vs Anamika Dhiman (Allahabad High Court)

Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage....

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January 2023