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Archive: July, 2023

Posts in July, 2023

Re-Crystallisation & Distillation not Manufacturing under Central Excise Act

July 3, 2023 888 Views 0 comment Print

Learn about the landmark ruling of CESTAT Kolkata which stated that the processes of Re-Crystallisation and Distillation do not qualify as manufacture under the Central Excise Act, and the implications of this judgment on the appellant, Ganga Rasayanie.

Taxation of surrendered Additional Income Derived from Business Activities

July 3, 2023 1965 Views 0 comment Print

The recent ITAT Chandigarh ruling in Gurdeep Singh Ubhi Vs DCIT asserts that additional business income without unexplained sources should be taxed at normal rates, challenging the application of Section 115BBE of the Income Tax Act, 1961.

IPL Player’s Brand Promotion doesn’t Fall under Business Auxiliary Service

July 3, 2023 1065 Views 0 comment Print

A landmark judgement from CESTAT clarifies that brand promotion carried out by IPL player Pinal Rohit Shah for Mumbai Indians does not fall under the category of Business Auxiliary Service. Understand the case details, analysis and implications here.

Eligibility of Defunct Manufacturer for Refund of Unutilised CENVAT Credit

July 3, 2023 987 Views 0 comment Print

A critical judgement by CESTAT remands the case of Suraj Ropes, a defunct manufacturer, seeking a refund of unutilised CENVAT credit accumulated due to export under bond and LUT. Read on for a comprehensive analysis of the case.

Mere Citation of Different PANs by Assessee & AO doesn’t dismiss Appeal

July 3, 2023 2205 Views 0 comment Print

Explore the ITAT Mumbai decision in the case of Maneken Keshvalla Patel Vs NFAC, where the appeal was reinstated despite discrepancies in PAN cited by the Assessee and Assessing Officer. Uncover the intricate details of the case.

ITAT deletes addition for share capital credited through journal entries

July 3, 2023 1533 Views 1 comment Print

The ITAT ruling in the case of ITO vs Hindustan Breweries clarifies that share capital credited via journal entries does not constitute ‘unexplained share capital’. The Tribunal upheld the deletion of addition u/s 68 of the Income Tax Act.

Non-exclusive use Technology Payment for Passenger Car Seats: Revenue Expenditure

July 3, 2023 798 Views 0 comment Print

Detailed analysis of the recent ITAT ruling in the case of Lear Automotive India Private Limited Vs ACIT, where engineering and development costs were classified as revenue expenditure.

CESTAT Reduces Penalty for NRI Unaware of Baggage Rules

July 3, 2023 1434 Views 0 comment Print

Insightful overview of the CESTAT Ahmedabad’s decision in Deepali Suresh Padhiar Vs C.C.-Ahmedabad case, examining the implications for non-resident Indians unaware of Indian Baggage Rules.

GST: Penalty Only for Quantity Shortage, Not Entire Consignment

July 3, 2023 3723 Views 0 comment Print

Review of the Calcutta High Court’s judgment in the case Usha Gupta Vs Assistant Commissioner of Revenue, exploring the implications for penalties in instances of shortage in consignment quantity.

CESTAT upheld confiscation of foreign-origin gold biscuits despite error in recorded statement

July 3, 2023 753 Views 0 comment Print

Case summary of Jochan Michael vs. Commissioner of Customs where CESTAT Kolkata upheld the confiscation of foreign-origin gold biscuits despite an error in the recorded statement.

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