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Archive: May, 2023

Posts in May, 2023

Deposit insurance activity of DICGC falls within ambit of ‘General Insurance Business’

May 10, 2023 1371 Views 0 comment Print

CESTAT Mumbai held that the deposit insurance activity of Deposit Insurance and Credit Guarantee Corporation, Mumbai (DICGC) falls within the ambit of section 65(105)(d) of the Finance Act, 1994 and is chargeable to Service Tax under “General Insurance Business”.

Customs: Re-valuation of goods without rejection of transaction value is invalid

May 10, 2023 1386 Views 0 comment Print

CESTAT Delhi held that re-valuation of goods without first rejecting the transaction value of the goods is not in accordance with law. Show cause notice without proposal of rejection of transaction value or demanding differential duty is both speculative and presumptive.

Amalgamation scheme effective from the date it was sanctioned by High Courts: SC

May 10, 2023 2943 Views 0 comment Print

Amalgamation scheme takes effect only on and from the date it was sanctioned by the High Courts of Madras and Calcutta coupled with the date on which the shareholders of the Subsidiary Company becomes the shareholders of the Holding Company as provided in the sub-clauses. T

Disallowance of expense already disallowed by Assessee amounts to double disallowance

May 10, 2023 4044 Views 0 comment Print

Ld. AO has disallowed the provision for sick leave amounting to Rs. 80,51,334/- which has already been disallowed by the assessee in its computation of taxable income. Para 5.15 of CIT(A)’s order at page 17 refers. Therefore, sustenance thereof will amount to double disallowance.

Order attaching accounts u/s 5 of PML Act unsustainable as passed without recording reasons

May 10, 2023 921 Views 0 comment Print

Andhra Pradesh High Court held that department cannot pass order under section 5 of the Prevention of Money Laundering Act, 2002 (PML Act) without recording of proper reasons. Accordingly, the order attaching the accounts is set aside.

No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable

May 10, 2023 651 Views 0 comment Print

Vrl Logistics Ltd Vs C.C (CESTAT Ahmedabad) No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable We find that the issue in the present matters relates to the grant of benefit of Notification No. 21/2002-Cus., dated 1-3- 2002 as amended by Notification No. 61/2007-Cus. […]

Foreign tax credit against form 67 filed before completion of assessment is duly allowable

May 10, 2023 3408 Views 0 comment Print

ITAT Mumbai held that foreign tax credit duly available even if form no. 67 is filed along with the revised return as the form is filed before the completion of the assessment.

Cost of improvement allowed for purchase of AC, curtains, light fittings while computing capital gains

May 10, 2023 6024 Views 0 comment Print

ITAT Chennai held that deduction towards purchase of air conditioner, furnishing of curtains, light fittings is allowable as cost of improvement while computing capital gains.

Revisional jurisdiction u/s 263 not invocable merely because PCIT may entertain different view

May 10, 2023 594 Views 0 comment Print

ITAT Mumbai held that AO took the plausible view of granting the benefit of mutuality after due application of mind. Accordingly, revisional jurisdiction u/s 263 cannot be invoked merely because PCIT may entertain a different view in the matter.

section 68 addition if Assessee duly explained source & disclosed identity of payers

May 10, 2023 1143 Views 0 comment Print

Mujtaba Hussain Ahmed Vs ACIT (ITAT Hyderabad) Undoubtedly, the assessee had sold his ancestral agricultural land admeasuring 1 acre and 25 guntas by way of a registered sale deed dt.23.03.2019. Incidentally, on the date of sale of land, SST Team intercepted the assessee and found cash with him and when the assessee was asked to […]

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