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Archive: July, 2023

Posts in July, 2023

Capital gain tax inadvertently paid by wife needs to be refunded & recovered from assessee

July 22, 2023 7536 Views 0 comment Print

ITAT Mumbai held that capital gain tax inadvertently paid by the wife needs to be refunded with interest and the same needs to be recovered from the assessee as the same transaction cannot be charged to tax twice.

Invocation of extended period of limitation in absence of intention to evade duty is unsustainable

July 22, 2023 699 Views 0 comment Print

Meghalaya High Court held that extended period of limitation as per proviso to section 11A(1) of the Central Excise Act, 1944 not invocable as there was no element of deceit or intention on the part of the assessee to evade duty.

Penalty applies to Misdeclared Goods under Section 112 of Customs Act, 1962

July 22, 2023 4233 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Jindal Fibres Vs C.C.-Kandla case, regarding penalties for misdeclared goods under Section 112 of Customs Act, 1962. Understand the implications for companies operating within SEZs.

Basic Customs Duty exemption vide notification no. 21/2002-Cus. and 12/2012-Cus. duly available as all conditions satisfied

July 22, 2023 879 Views 0 comment Print

CESTAT Chennai held that exemption of Basic Customs Duty under notification no. 21/2002-Cus. dated 01.03.2002 read with notification no. 12/2012-Cus. dated 17.03.2012 available as there is no violation of conditions. Further, demand proposed on misconception of facts and law is unjustified.

Obligations and responsibilities discharged by co-venturer is not subjected to service tax

July 22, 2023 1257 Views 0 comment Print

Held that as a party to the joint-venture, obligations and responsibilities discharged by co-venturer cannot be brought under service tax levy. Accordingly, demand of service tax set aside.

Amount received from subscription of e-journals doesn’t qualify as royalty & hence not taxable

July 22, 2023 4104 Views 0 comment Print

Delhi High Court held that amount received from subscription of e-journals cannot be treated as royalty as right in respect of copyright to the concerned subscribers not granted. Hence, the same is not taxable in India.

Calcutta HC: Ignore Adverse Remarks in Assistant Commissioner’s Service Record

July 22, 2023 873 Views 0 comment Print

Read the Calcutta High Court’s ruling in Sanpak Business Solutions vs Assistant Commissioner case. Learn about allegations, apology, show-cause notice, and court’s directions.

Lien created prior to initiation of CIRP cannot sustain during moratorium u/s 14 of IBC

July 22, 2023 1653 Views 0 comment Print

NCLT Mumbai held that lien created prior to the initiation of the ‘Corporate Insolvency Resolution Process cannot sustain during moratorium under section 14 of Insolvency Bankruptcy Code (IBC).

ITAT Allows Foreign Tax Credit for Taxable Employment Bonus

July 22, 2023 1161 Views 0 comment Print

Explore the critical decision in Souvik Mukherjee Vs ITO (ITAT Delhi) regarding taxation of a bonus received abroad, and how it impacts Foreign Tax Credit regulations.

Notice issued by ITO Delhi post transfer of jurisdiction to ITO Kolkata is bad & illegal

July 22, 2023 1179 Views 0 comment Print

ITAT Kolkata held that once the jurisdiction of the assessee is transferred from Delhi to Kolkata, every action for all the assessment year lies with ITO, Kolkata. Accordingly, notice issued u/s 148 by ITO, New Delhi is bad and illegal.

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