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Archive: September, 2023

Posts in September, 2023

In contract for transfer of right to use goods, taxable event is execution of contract: Kerala HC

September 16, 2023 1383 Views 0 comment Print

Kerala High Court held that under the Kerala Value Added Tax Act, 2003 (KVAT Act) in a contract for the transfer of the right to use the goods, the taxable event is the execution of the contract for delivery of the goods, and if that has taken place, it was immaterial whether the transfer was exclusively or to the exclusion of all others.

Reassessment can Be Closed at the Stage of Objection Disposal If Case is Wrongly Reopened

September 16, 2023 1293 Views 0 comment Print

Explore Vaman Prestressing Co. Pvt. Ltd. vs. ACIT case where Bombay High Court discusses reopening of assessments, commercial expediency, and need for a valid belief.

Punishment imposed should be commensurate with custom broker’s contravention

September 16, 2023 936 Views 0 comment Print

Explore case of SMS Logistics vs. Commissioner of Customs, where punishment imposed on a customs broker is analyzed for proportionality and compliance with regulations.

Assessee’s Genuine Belief: Extended Period Inapplicable

September 16, 2023 708 Views 0 comment Print

CESTAT Kolkata held that appellant were under the bonafide belief that processes undertaken by them doesn’t amount to manufacture and accordingly, they cleared goods to raw material supplier on collection of job charges only. Accordingly, extended period of limitation not invocable.

Denial of refund claim merely because taxable service not mentioned in list approved by SEZ unjustified

September 16, 2023 855 Views 0 comment Print

CESTAT Allahabad held that denial of refund claim of service tax under notification no. 9/2009-ST dated 03.03.2009 as taxable service in respect of which refund is claim is not mentioned in the list of specified service approved by SEZ authority unjustified.

In case of domestic arbitrations, The ‘Court’ is Principal Court of Civil jurisdiction including High Court

September 16, 2023 1416 Views 0 comment Print

In present facts of the case, Petitioner has been engaged in the business of marketing and manufacturing of footwear and fashion products and is the first user and proprietor of well-known trademark ‘LIBERTY’. On 01.04.2001, Petitioner and Respondent entered into a Registered User Agreement in respect of trademark ‘LIBERTY’ in Class 25 for a period of three years.

Interest paid on delayed deposit of income tax not allowable as expenditure

September 16, 2023 1839 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of income tax, whether TDS or otherwise is not an allowable expenditure.

Deduction u/s 80P(2)(d) available to cooperative society in respect of dividend received on shares of cooperative banks

September 16, 2023 1764 Views 0 comment Print

ITAT Raipur held that cooperative society is entitled for claiming deduction u/s. 80P(2)(d) of the Income Tax Act in respect of dividend received on shares of cooperative banks.

TP adjustment relating to intra-group services unjustified as benefit derived thereof duly demonstrated

September 16, 2023 990 Views 0 comment Print

ITAT Mumbai held that transfer pricing (TP) adjustment relating to intra-group services unjustified as assessee duly demonstrated objective analysis of intragroup services rendered and kind of qualitative and quantitative benefit.

Demand of concession availed vide customs notification sustained for failure to maintain proper records

September 16, 2023 606 Views 0 comment Print

CESTAT Chennai upholds the demand of concession availed vide customs notification on failure of appellant to maintain proper accountal of the receipt of imported goods till their utilization in the manufacture of the specified finished products.

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