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Archive: 06 March 2023

Posts in 06 March 2023

Bail granted as value of gold biscuits/ bullions is less than Rs. One Crore

March 6, 2023 2448 Views 0 comment Print

Patna High Court held that bails is granted on furnishing of bails bonds as the recovery of gold biscuits-bullions is of value less than Rs. One Crore.

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 3342 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

Delay in filing form 10B condoned via circular hence deduction towards application and accumulation of funds allowable

March 6, 2023 20832 Views 0 comment Print

ITAT Bangalore held that delay in filing Form 10B in the relevant period was condoned as per Circular No.10 (F.No.197/55/2018) dated 22.5.2019, accordingly, deduction towards application and accumulation of funds is duly allowable.

Prior to 01.04.2020, capital gain exemption u/s 54 was allowed to be claimed without filing return

March 6, 2023 7959 Views 0 comment Print

ITAT Bangalore held that prior to amendment in section 139(1) of the Income Tax Act effective from 01.04.2020, exemption under section 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB can be claimed even without filing income tax return.

Service tax not leviable on composite works contract services prior to 1.06.2007

March 6, 2023 939 Views 0 comment Print

CESTAT Chennai held that services provided in the nature of composite works contract for which project is executed for the period prior to 1.6.2007 is outside the purview of service tax.

Towers, shelter and parts thereof are eligible for CENVAT Credit under capital goods

March 6, 2023 1722 Views 0 comment Print

CESTAT Delhi held that towers, shelter and parts thereof are ‘capital goods’ accordingly entitled to avail Cenvat Credit under Capital Goods.

TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 1572 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

Service Tax Penalty Not Deductible as Business Expenditure

March 6, 2023 723 Views 0 comment Print

Payment on account of penalty under service tax is penal in nature and was levied for violation of law, therefore penalty is not admissible

ITC on GTA Services cannot be reversed in absence of specific provision 

March 6, 2023 774 Views 0 comment Print

Issue before CESTAT was regarding justifiability of demand of service tax raised on Assessee disallowing credit availed on input service attributable to quantity of iron ore fines and coal fines cleared by Assessee.

Weekly newsletter from Chairman, CBIC dated 06/03/2023

March 6, 2023 2958 Views 0 comment Print

Both LCSs are not only important for bilateral trade but also important crossing points for transit trade with and among neighboring countries. With this, out of 75 Land Customs Stations handling cargo movement and requiring Electronic Data Interchange (EDI), 60 are now EDI-enabled.

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