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Archive: 26 April 2023

Posts in 26 April 2023

TDS on Salary needs to be deducted only at the time of making such payment

April 26, 2023 5358 Views 0 comment Print

No TDS deduction at source on Salary is contemplated under Section 192 in cases where a payment towards salary has accrued but is not made.

Ad-hoc disallowance without pointing out specific defects in documents furnished is unjustified

April 26, 2023 2136 Views 0 comment Print

Without pointing out specific defects in documents furnished, disallowance on ad-hoc basis for failure to furnish all documentary evidence is unacceptable

No service tax on training of officers outside India by a foreign agency

April 26, 2023 1251 Views 0 comment Print

Training of officers by a foreign agency was performed outside of India. Therefore, there cannot be any liability of Service Tax.

Same addition cannot be made under Both Income Tax & Black Money Act

April 26, 2023 1683 Views 0 comment Print

ITAT held that once additions been made under Black Money Act the same addition cannot be made under Income Tax Act on the same set of facts

Scrap generated during the process of manufacture is not liable to excise duty

April 26, 2023 1977 Views 0 comment Print

Waste and scrap are emerging as by-products during the course of manufacture of other products and therefore are not exigible to excise duty.

DEPB license obtained based on fabricated documents – Penalty upheld

April 26, 2023 975 Views 0 comment Print

DEPB licences sold by the appellant were based on fabricated documents showing export of goods to Bangladesh through Land Customs Station

Lorry hire charges cannot be disallowed U/s. 69C if source been duly explained

April 26, 2023 1320 Views 0 comment Print

Addition has been made as unexplained expenditure u/s 69C of the Act which is incorrect and against the provision of Act as the said explanation deals with the disallowance and addition of expenditure the source whereof is not explained by the assessee.

Addition for cash deposit in bank based on reopening without application of mind deleted

April 26, 2023 2058 Views 0 comment Print

Basic fact that assessee is not eligible for filing return of income was not taken into account and therefore, there was no application of mind while recording reasons for reopening.

In absence of enabling powers, no disallowance can be made by CPC

April 26, 2023 1230 Views 0 comment Print

It goes without saying that in the absence of enabling powers, no disallowance can be made. As such, enabling provisions being absent, the CPC did not have the jurisdiction to make the disallowance in question, in the order u/s 143 (1) of the Act.

Cost of Corrugated Boxes supplied Free of Cost Includible in Transaction Value

April 26, 2023 741 Views 0 comment Print

Cost of free supplied corrugated boxes need to be included into assessable value of metal containers for payment of Central Excise duty.

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