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Archive: 30 June 2023

Posts in 30 June 2023

Low Aromatic White Spirit is rightly classifiable under the CTH 27101990

June 30, 2023 936 Views 0 comment Print

CESTAT Kolkata held that Low Aromatic White Spirit is rightly classifiable under the CTH 27101990 and not classifiable as ‘Light Oil and Preparations’ under CTH 27101239

Benefit of exemption u/s 11(1)(a) and 11(2) not available to deemed income u/s 11(3)

June 30, 2023 4377 Views 0 comment Print

ITAT Ahmedabad held that benefit of exemption under Section 11(1)(a) and 11(2) of the Income Tax Act is not available to “deemed income” under Section 11(3) of the Income Tax Act

Addition in case of bogus purchases restricted to the extent of gross profit involved in business

June 30, 2023 2961 Views 0 comment Print

ITAT Mumbai held that 100% addition in case of bogus purchases unsustainable. Notably, addition to the extent of rate of gross profit in case of bogus purchase is duly sustained.

Services performed on principal-to-principal basis not classifiable as intermediary service

June 30, 2023 1236 Views 0 comment Print

CESTAT Chennai held that as appellant is providing main service i.e. business support service on his own account and is not acting as an intermediary i.e. the services were performed by the appellant on a principal-to-principal basis and at arm’s length basis.

Interest by reference court u/s 28 of Land Acquisition Act is not chargeable to tax

June 30, 2023 2298 Views 0 comment Print

Held that the interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired, not chargeable to tax.

Order passed without proper service of notice u/s 147/148 is liable to be quashed

June 30, 2023 3798 Views 0 comment Print

ITAT Visakhapatnam held that the requirement of both the issuance and service of such notice upon the assessee for the purposes of Section 147 and 148 of the Act are mandatory jurisdictional requirements. Order passed is liable to be quashed on account of non-service of notice u/s 147/148.

No involvement of tea supplier in smuggling of poppy seeds – HC directs release of Tea Consignment

June 30, 2023 225 Views 0 comment Print

The recent ruling from the Calcutta High Court in the case of Madalyns Tea Enterprise Vs Senior Joint Commissioner provides key insights into the issue of smuggling and bogus E-Way Bills. Learn about the Court’s decision on releasing a detained tea consignment amidst allegations of poppy seed smuggling.

Goods and conveyance detained will be released upon payment of penalty and furnishing of a bank guarantee

June 30, 2023 909 Views 0 comment Print

HC directed Revenue Authority to release goods on conditions that assessee deposits a certain amount of penalty towards tax in lieu of confiscation of conveyance and furnish bank guarantee in lieu of confiscation of goods.

Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 2508 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

Sale of Electoral Bonds at Authorised Branches of SBI

June 30, 2023 1113 Views 0 comment Print

Sale of Electoral Bonds at Authorised Branches of State Bank of India (SBI) Government of India has notified the Electoral Bond Scheme 2018 vide Gazette Notification No. 20 dated 2nd January 2018 (as amended vide Gazette Notification dated 7th November, 2022). As per provisions of the Scheme, Electoral Bonds may be purchased by a person […]

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