"08 May 2023" Archive

Excise Duty cannot de demanded on Amortization Cost of Cylinder if same already included in value of packaging material

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad)

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the demand of duty on cylinder used for printing of packaging material, we find that though the invoice was issued for sale of cylinder but the same was not cleared from the factory and the same was used within the factory since it is used […]...

Pre-delivery inspection charges includible in assessable value if inspection is mandatory for sale of goods

Viswa Industrial Company Limited Vs Commissioner of Central Excise (CESTAT Kolkata)

CESTAT observe that pre-delivery inspection charges are includible in the assessable value when such pre-delivery inspection is mandatory and an essential condition for the sale of the goods...

SC allows tax exemption to Trust Registered in year 1987 despite not applying for registration in 1997

Maharishi Institute of Creative Intelligence Vs CIT (Exemption) (Supreme Court)

Assessee continued to be granted the exemption under Section 12A of the Act. It is the case on behalf of the appellant that till 1987 there was no requirement of issuance of any certificate of registration of Section 12A and only filing an application for registration under Section 12A and processing the same by the Department was suffici...

No obligation to deduct section 194H TDS if commission not debited to Profit & Loss Account

Ketan Sahebrao Purkar Vs ITO (ITAT Pune)

Ketan Sahebrao Purkar Vs ITO (ITAT Pune) The issue involved in the present appeal is whether on the facts and circumstances of the case, the appellant is liable to deduct tax at source u/s 194H in respect of expenditure claimed to have been debited to Profit & Loss Account under head “commission”. Without delving into […]...

ITAT dismisses appeal as legal heirs not substituted name of deceased Assessee in Form 36

Kabeer Khan Vs ITO (ITAT Hyderabad)

Kabeer Khan Vs ITO (ITAT Hyderabad) Since the legal heirs of the diseased assessee in the instant case have not taken any steps to file the revised Form No.36, duly filled up giving the revised name of the party duly verified in the manner as prescribed in the rules, therefore, the present appeal cannot be […]...

Hotel not liable to pay service tax on complementary services of conference hall

CCE-Chandigarh Vs Mashobra Resorts Ltd. (CESTAT Chandigarh)

No service tax on Mandap Keeper Service in respect of corporate booking of rooms where conference hall is provided as a complementary service....

Credit society eligible for section 80P(2)(a)(i) deduction on interest on surplus funds with Union Bank

Ghatkesar Farmers Service Cooperative Society Limited Vs ITO (ITAT Hyderabad)

Ghatkesar Farmers Service Cooperative Society Limited Vs ITO (ITAT Hyderabad) ITAT held that assessee being a primary agricultural co-operative society invested the own surplus funds with the Union Bank of India and, therefore, the assessee is entitled to claim the deduction under section 80P(2)(a)(i) of the Act. It could be seen from the...

Rule 5 of Cenvat Credit Rules cannot be invoked to sanction refund of unutilized Cenvat credit

Mahavir Metal Manufacturing Company Vs Commissioner (Appeals) (CESTAT Delhi)

Adjudicating Authority has not committed any error while holding that Rule 5 of Cenvat Credit Rules, 2004 cannot be invoked to sanction the refund of unutilized Cenvat credit lying with the appellant much prior to April, 2017 that too in cash as per Section 140 of CGST Act, 2017....

Section 80P(2)(d) Deduction eligible to co-op societies on interest from Co-op Banks

Manila Sahayak Gruh Udyogsaha Vs ACIT (ITAT Ahmedabad)

Provision of Section 80P(2)(d) of the Act does not make any distinction in regard to source of the investment because this Section envisages deduction in respect of any income derived by co-operative society from any investment with a co-operative society....

ITAT deletes section 69B addition for painting found during search

Nirmal Kumar Minda Vs ACIT (ITAT Delhi)

Nirmal Kumar Minda Vs ACIT (ITAT Delhi) The ground No.2 relates to the addition of Rs.37.50 lacs u/s. 69B of the Act in respect of 6 paintings found at the residence of the assessee. The underlying facts in the impugned issue are that 6 paintings were found at the time of search which were got […]...

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