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Archive: 21 February 2023

Posts in 21 February 2023

Redemption of prohibited goods in lieu of absolute confiscation granted as policy was amendment at shipment time

February 21, 2023 1563 Views 0 comment Print

CESTAT Kolkata granted redemption of prohibited goods as against absolute confiscation as importer was not aware about the amendment in policy and importantly policy was amended when the shipment was in process.

Addition of difference in stock & valuation report without credible evidence is unsustainable

February 21, 2023 1761 Views 0 comment Print

ITAT Mumbai held that addition on account of difference in stock as per books and valuation report merely on the basis of statement recorded during survey without credible evidence is unsustainable in law.

Profit/ loss on sale of land held as stock-in-trade is assessable under Income from business or profession

February 21, 2023 3729 Views 0 comment Print

ITAT Chennai held that profit or loss derived from sale of land held as stock-in-trade is assessable under the head income from business or profession and not under capital gains.

Disallowance u/s 40(ia) for non-deduction on social security contribution to expat employees unsustainable

February 21, 2023 816 Views 0 comment Print

ITAT Delhi held that social security contribution doesnt constitute income from salary in the hands of expatriate employees. Hence disallowance u/s 40(ia) for non-deduction of TDS on the same is unsustainable in law.

Deduction u/s 43B is allowable in case of interest paid on customs duty

February 21, 2023 4224 Views 0 comment Print

ITAT Pune held that interest paid on customs duty is allowable as deduction under section 43B of the Income Tax Act 1961.

Demand under rule 6(3)(i) of CCR, 2004 unsustainable as duty already paid on clearance value

February 21, 2023 606 Views 0 comment Print

CESTAT Ahmedabad held that duty was paid on the clearance value on which demand was raised. Accordingly as duty was paid demand under rule 6(3)(i) of Cenvat Credit Rules 2004 unsustainable.

GST on supply of ready to eat and ready to cook food products

February 21, 2023 13680 Views 0 comment Print

In re SATS Food Solutions India Private Limited (GST AAR Karnataka) The applicant is engaged in the business of manufacture/production and supply of frozen food in institutional packs to companies in Aviation Industries, quick service restaurants, Hotels etc., across Ready To Eat (RTE)/ Ready To Cook (RTC)/ Processed and Semi Processed categories. The applicant has sought […]

Roof Mounted Air-Conditioning unit classifiable under HSN 8415: AAAR Punjab

February 21, 2023 1362 Views 0 comment Print

In re Ess Ess Kay Engineering Company Pvt (GST AAAR Punjab) Appellate Authority uphold the order AAR/GST/PB/016 dated 16th of August, 2022 issued by the Authority for Advance Ruling, Punjab and the appeal filed by the appellant M/s ESS ESS KAY ENGINEERING COMPANY PVT LTD. The appellant has conveniently overlooked the basic nature of the […]

MCA extends time limit for reservation of name & for 46 company forms

February 21, 2023 8766 Views 0 comment Print

Form PAS-03 which was closed for filing in Version-2 on 20.01.2023 and launched in Version-3 on 23.01.2023, and whose due dates for filing fall between 20.01.2023 and 28.02.2023, can also be filed without payment of additional fees till 31.03.2023.

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February 21, 2023 3462 Views 0 comment Print

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