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Archive: 06 May 2023

Posts in 06 May 2023

Deduction u/s 10B available against interest on bank deposits, receipts of subsidy and insurance claim

May 6, 2023 3717 Views 0 comment Print

ITAT Delhi held that interest on bank deposits, receipts of subsidy and insurance claim are eligible to be included in profits of 100% export oriented unit for purpose of claiming deduction under section 10B of the Income Tax Act.

No service tax payable on construction of flat which is for personal use of service recipient

May 6, 2023 1335 Views 0 comment Print

CESTAT Chennai held that there is no Service Tax liability as and when the construction of flat is for the personal use of the service recipient.

No hard and fast rule can be laid down for fixing quantum of redemption fine

May 6, 2023 1476 Views 0 comment Print

CESTAT Ahmedabad held that no hard and fast rule can be laid down for fixing quantum of redemption fine but the same has to be done, depending upon facts and circumstances of each case

Addition u/s 69C sustained as search in group concern proved maintaining of books of accounts outside regular books

May 6, 2023 1983 Views 0 comment Print

Supreme Court held that addition u/s 69C as unexplained income sustained as based on search conducted in group concern it was found that assessee was maintaining the books of accounts outside regular books.

Service tax not leviable on purchase of land from landowners and re-sale to Real Estate Developers

May 6, 2023 6819 Views 0 comment Print

CESTAT Ahmedabad held that purchase of land from landowners and re-sale of the same to Real Estate Developers doesn’t fall under the category of ‘Real Estate Agency Service’ and hence not liable to service tax.

CENVAT Credit not deniable alleging supplier not liable to pay duty

May 6, 2023 1593 Views 0 comment Print

CESTAT Ahmedabad held that irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, CENVAT Credit not deniable once duty has been paid on the goods at the recipient end. In nut-shell, CENVAT not deniable on the ground that the supplier was not liable to pay duty on goods supplied.

Addition of unexplained closing cash balance unsustained as cash was generated from agricultural activity

May 6, 2023 1107 Views 0 comment Print

ITAT Ahmedabad held that addition towards closing cash balance as unexplained cash credit u/s 68 unsustained as cash was generated from agricultural activity and revenue failed to discharge the onus of disproving the said contention of the assessee.

Supplying of labour is not classifiable under ‘Cargo Handling Service’

May 6, 2023 648 Views 0 comment Print

CESTAT Ahmedabad held that supplying labour doesn’t qualify as ‘Cargo Handling Services’. The goods do not become cargo as any movement of goods within the factory does not make it a cargo.

Revocation of RERA registration under Section 7

May 6, 2023 11130 Views 0 comment Print

Section 7 of the RERA Act empowers the RERA Authority to revoke the RERA registration on receipt of complaint or suo motu or on the recommendation of the competent authority

Penalty u/s 114A of Customs Act not imposable in absence of any duty demand

May 6, 2023 3540 Views 0 comment Print

CESTAT Chandigarh held that penalty under section 114A of the Customs Act, 1962 not imposable in absence of any duty demand. Penalty u/s 114A is invariably linked to the quantum of duty evaded.

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