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Archive: 16 July 2023

Posts in 16 July 2023

CESTAT Grants Cenvat Credit on Sugar Cess Paid as CVD on Raw Sugar Imports

July 16, 2023 495 Views 0 comment Print

In the recent landmark decision, CESTAT Ahmedabad has allowed Cenvat Credit on sugar cess paid as CVD on raw sugar imports, favoring Renuka Sugars Limited. This ruling, echoing several previous judgements, clarifies the position of cess as excise duty.

Reduction in value of machine sold post replacement of important part is normal

July 16, 2023 327 Views 0 comment Print

CESTAT Chennai held that differential duty not payable as there is no contravention of Valuation Rules as an important part of the machine sold has been replaced with a less advanced component, slight reduction in the value of the machine sold is found to be normal.

Limited Scrutiny: AO can’t verify cash withdrawals when permission was for cash deposit verification

July 16, 2023 2712 Views 0 comment Print

ITAT Visakhapatnam in case of Vishnu Srinivasa Rao Kakarla Vs ITO clarifies that AO cannot travel beyond his jurisdiction to verify cash withdrawals when limited scrutiny was for verifying cash deposits.

Unverified Information: ITAT upholds quashing of Re-assessment Order

July 16, 2023 906 Views 0 comment Print

Detailed review of ITAT Delhi’s ruling in favor of the assessee, Tarik Tondon, where the reassessment order was cancelled due to lack of verification of the information which initiated the reopening.

ITAT Pune Allows Section 54F Deduction Based on Date of Assignment Deed

July 16, 2023 1479 Views 0 comment Print

ITAT Pune in case of Rajendra Supadu Jadhav Vs DCIT allows section 54F deduction based on date of assignment deed for transfer of lease rights in MIDC plots.

Section 40A(2): ITAT Allows High Interest Payment for Commercial Expediency

July 16, 2023 1008 Views 0 comment Print

The recent ITAT Delhi ruling in the Shantiniketan Properties Pvt. Ltd. vs. ACIT case allows high-interest payments under commercial expedience, refuting disallowance under Section 40A(2) of the Income Tax Act.

ITAT Directs Re-adjudication: Insufficient Opportunity in Section 144 Assessment

July 16, 2023 966 Views 0 comment Print

ITAT Delhi overturns an ex-parte assessment passed under Section 144, citing insufficient opportunity for the assessee. The case is returned to the AO for a re-examination in compliance with the law.

Assessee cannot be held accountable for Client Code Modification Error by Broker

July 16, 2023 996 Views 0 comment Print

The Ahmedabad ITAT overturned a decision by the CIT(A), ruling in favour of Ketan M. Chalishazar HUF on an error made by his broker during a share transaction. The tribunal highlights the importance of accurate code modifications.

Understanding FLA Return: Filing Requirements, Penalties and Guidelines

July 16, 2023 7560 Views 0 comment Print

Learn about the annual return on Foreign Liabilities and Assets (FLA) and its filing requirements for entities with foreign investments. Discover the penalties for non-compliance and gain insights into the FLA return filing process.

Interbank Transfer not Unexplained Money U/s. 69A of Income Tax Act

July 16, 2023 1260 Views 0 comment Print

In the case of Rammohan Kordale vs ACIT, ITAT Bangalore held that money transferred between assessee’s joint bank accounts cannot be classified as unexplained money under Section 69A of Income Tax Act.

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