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Archive: September, 2023

Posts in September, 2023

Levy of penalty u/s. 78 unsustained as duty liability with interest paid before issuance of notice

September 5, 2023 972 Views 0 comment Print

CESTAT Chennai held that amount already paid towards the duty liability and interest before issuance of show cause notice. Notice issued only for levying penalty is untenable. Hence, levy of penalty u/s. 78 deleted.

Cenvat Credit can be utilized for payment of service tax on import of services

September 5, 2023 864 Views 0 comment Print

CESTAT Kolkata held that Cenvat Credit can be utilized for payment of service tax on ‘import of services’. Accordingly, duty demand denying the same is unsustainable.

Subsidy for industrial unit expansion under Package Incentive Scheme is capital receipts

September 5, 2023 1551 Views 0 comment Print

ITAT Pune held that subsidy received by the assessee is towards the investment made in the expansion of its industrial unit under the Package Incentive Scheme 2001 is ‘Capital’ receipts. Accordingly, the same is not taxable.

Conversion of shipping bills from drawback to DEPB Scheme Allowable

September 5, 2023 756 Views 0 comment Print

Dive into legal complexities and key takeaways of case Crown Milk Specialities Pvt Ltd Vs Commissioner of Customs concerning conversion of shipping bills from Drawback to DEPB Scheme.

No service tax liable to be demanded on construction contracts executed prior to 01.06.2007

September 5, 2023 531 Views 0 comment Print

Explore the crucial legal battle between Arasan Amuthan Construction and the Commissioner of Central Excise and Service Tax. Understand why no service tax is due on pre-2007 contracts according to CESTAT Chennai.

DSIR Forms 3CM & 3CL Not Required for section 35(1)(i) Tax Deduction: ITAT Mumbai

September 5, 2023 2550 Views 0 comment Print

Analysis of the ITAT Mumbai ruling in FDC Limited Vs PCIT. Find out why ITAT quashed the revision order concerning Form 3CM, Form 3CL, and deductions under section 35(1)(i) of the Income Tax Act.

ITAT Directs 25% Profit Estimate on Milk Product Sales During Demonetisation

September 5, 2023 1275 Views 0 comment Print

Analysis of ITAT Chennais decision in the case of DCIT Vs Kannan Rajendra Babu, directing a 25% profit estimation on income from sale of milk products during the 2016 demonetization period.

ITAT Hyderabad allows 60% Depreciation on Computer Peripherals

September 5, 2023 717 Views 0 comment Print

Analysis of ITAT Hyderabads decision on ACIT Vs Owens Cornings Industries, focusing on 60% depreciation eligibility for computers and peripherals under the Income Tax Act, 1961.

AO cannot tax Income as FTS without interpreting relevant Article of DTAA

September 5, 2023 636 Views 0 comment Print

An in-depth analysis of the ITAT Chennai’s decision on ITO vs Eshakti Com Pvt Ltd, focusing on the deletion of disallowance under section 40(a)(i) of the Income Tax Act.

TDS Not Applicable on SIM/Mobile Recharge Card Discounts: ITAT Kolkata 

September 5, 2023 2670 Views 0 comment Print

Analysis of ITAT Kolkata ruling in Nabirul Islam Vs DCIT, stating that TDS is not applicable on discounts given to retailers on sale of prepaid SIM cards or mobile recharge cards.

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