"09 September 2023" Archive

Demand of 10%/5% on exempted goods unsustainable as proportionate reversal already made

Thermotech Systems Ltd Vs C.C.E (CESTAT Ahmedabad)

CESTAT Ahmedabad held that reversal of proportionate credit towards exempted goods along with interest already made, the demand of 10% /6%/5% of the value of exempted goods shall not be sustainable...

No addition for alleged unaccounted sale proceeds based on mere loose papers or retracted statements

Vionodchandra Dalsukhram Gokhlani Vs ITO (ITAT Ahmedabad)

In Vinodchandra Dalsukhram Gokhlani Vs ITO, ITAT Ahmedabad ruled on addition for unaccounted sale proceeds based on loose papers and retracted statements...

Section 153A: No Addition Without Incriminating Evidence in Unabated Assessment

Estate of Late Smt. Jayanthi Krishnamurthy Vs ACIT (ITAT Chennai)

ITAT Chennai in Estate of Late Smt. Jayanthi Krishnamurthy Vs ACIT held that no addition could be made under section 153A in absence of incriminating evidence resulting from a search, especially if assessment is unabated. ...

Breach of Contract not established if not backed by proper evidences during Communication between parties

Fiitjee Ltd. Vs Pioneer Publicity Corporation Pvt. Ltd. (Delhi High Court)

he Hon’ble High Court dismissed the Petition as the Petitioner was willing to continue with the Agreement and was willing to pay the charges for the same as agreed....

CESTAT allows Cenvat Credit on Capital Goods used for providing Output Service

Emta Coal Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata)

A detailed analysis of the landmark CESTAT Kolkata ruling in Emta Coal Limited vs Commissioner of Central Excise & Service Tax. Understand the legal implications for Cenvat Credit on Capital Goods in the context of providing output services....

Change of opinion impermissible under the grab of reopening u/s 147

Ultra Tech Cement Ltd Vs CIT (ITAT Mumbai)

ITAT Mumbai held that change of opinion is not permissible under the garb of reopening of assessment under section 147/148 of the Income Tax Act....

Payment towards interconnectivity utility charges from Indian customers not taxable as Royalty

Al Telekom Austria Vs DCIT (ITAT Bangalore)

ITAT Bangalore held that payments received towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty to be brought to tax in India under section 9(1)(vi) of the Income Tax Act and also as per DTAA....

Addition for cash deposit: Generous Cash Gift to Grandson by maternal grandfather – ITAT restores matter to CIT(A)

Pitchi Reddy Garlapati Vs ITO (ITAT Hyderabad)

An in-depth analysis of the Pitchi Reddy Garlapati Vs ITO (ITAT Hyderabad) case, focusing on the addition for a generous cash gift to a grandson by his maternal grandfather....

Incidence of Duty Borne by Appellant, Unjust to Credit Refund to Consumer Welfare Fund: CESTAT

Axon Drugs (P) Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai)

Analysis of the CESTAT Chennai order in Axon Drugs (P) Ltd Vs Commissioner of GST & Central Excise case. Discover why directing excise refund to Consumer Welfare Fund was deemed unjust....

Unsustainable Addition for Cash Sales when No Stock Discrepancy Detected

Metro Filling Station Vs ITO (ITAT Delhi)

In the case of Metro Filling Station vs. ITO (ITAT Delhi), an addition for unexplained cash deposits was challenged. The tribunal ruled in favor of the assessee....

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