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Archive: 19 April 2023

Posts in 19 April 2023

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 879 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling

April 19, 2023 1803 Views 0 comment Print

Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the […]

Addition for cash deposit during demonetization period by housewife of upto Rs. 250000 is invalid

April 19, 2023 1032 Views 0 comment Print

Aroshi Jain Vs ACIT (ITAT Delhi) Circular No.03/2017 dated 21.02.2017 provides that no further clarification or verification is required to be made in a case of an individual when the deposited amount during demonetization period is upto Rs. 2,50,000/-. In the present case, the assessee who is a housewife having no other source of income […]

Service Tax not leviable on Ocean Freight: Calcutta HC

April 19, 2023 798 Views 0 comment Print

LCL Logistix India Private Limited Vs Union Of India And ANR. (Calcutta High Court) This intra-Court appeal filed by the appellant/writ petitioner is directed against the order dated 19th January, 2017 in WP No.3 of 2017. In the said writ petition, the appellant had challenged the order passed by the Commissioner, Service Tax (ii), Commissionerate, […]

Denying eligible deduction u/s. 11 of Income Tax Act on technical basis is unjustifiable

April 19, 2023 1605 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

ITAT allows benefit of CBDT Instruction with regard to jewellery of grand-mother

April 19, 2023 1002 Views 0 comment Print

Sharad Kumar Garg Vs ACIT (ITAT Delhi) It is seen from the record that the lower authorities have been disputing the factum of Will. It is also undisputed fact that in the Will there is no specific mention relating to weight and description of such jewellery which was being bequeathed by the testator. However, it […]

Deriving Arm’s Length Price without resorting to any prescribed method is unjustifiable

April 19, 2023 1713 Views 0 comment Print

ITAT Delhi held that deriving Arm’s Length Price without resorting to any method prescribed as per the Income Tax Rules is unjustifiable. Accordingly, TPO/ AO directed to determine Arm’s Length Price.

Raw material supplier cannot be implicated for clandestine removal of goods by buyer

April 19, 2023 822 Views 0 comment Print

The raw material supplier cannot be implicated for clandestine removal of the goods by the buyer of the raw material.

Scented Sweet Supari classifiable under sub-heading 080280

April 19, 2023 2247 Views 0 comment Print

Shreedhra Agro LLP Vs Commissioner of Customs (Delhi High Court) 1. The appellant has filed the present appeal impugning an order dated 22.06.2022 passed by the Customs Authority for Advance Rulings, New Delhi (hereafter ‘CAAR’) whereby the products proposed to be imported by the appellant being ‘Scented & Flavoured and Sweetened Supari’ are classified under […]

Kerala HC slams GST Dept for Seizure of Cash not forming part of stock

April 19, 2023 3714 Views 0 comment Print

Shabu George Vs State Tax Officer (Kerala High Court) CGST Act authorizes the seizure of things, including cash in appropriate cases, we do not think that the present is a case that called for a seizure of the cash found in the premises of the appellants at the time of the search. The power of […]

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