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Archive: 03 October 2023

Posts in 03 October 2023

Property Tax Applicable from Date of Occupancy Certificate Issuance

October 3, 2023 4080 Views 0 comment Print

Kerala High Court held that the property tax can be levied on the building which becomes capable of use for residential purposes or other purposes. Hence, municipality is entitled to recover the property tax only from the date of issuance of occupancy certificate.

Pre-deposit is Not Tax & Cannot be Retained or Adjusted Under DVAT Act

October 3, 2023 576 Views 0 comment Print

Delhi High Court held that as per Section 38(3)(a)(ii) of the DVAT Act a pre-deposit does not partake the character of tax or duty, and hence Tax Department can neither retain the same nor could it utilize the same for adjustment purposes towards tax liability for different assessment years.

Rule 6 of CCR Not Applicable as Nil duty rate on Honey not makes it exempt

October 3, 2023 258 Views 0 comment Print

Discover how Dabur India Limited secured a favorable CESTAT Kolkata ruling. Learn why honey is not considered an exempted good and how Rule 6 of CCR does not apply.

Rebate Conditional on Exported Service-FIRC Correlation: CESTAT

October 3, 2023 819 Views 0 comment Print

Discover the CESTAT Mumbai decision in the I Gate Global Solutions Ltd. case. Learn why rebate claims for exported services require a clear correlation with FIRC.

CESTAT upholds Rejection of Refund claim filed after one year from service Tax payment date 

October 3, 2023 432 Views 0 comment Print

CESTAT Mumbai upholds the rejection of a service tax refund claim by RJB Estate Pvt. Ltd. Find out why the claim was denied and the legal reasoning behind it

Tribunal Appeal Abates Upon NCLT Resolution Plan Approval: CESTAT

October 3, 2023 393 Views 0 comment Print

Learn why CESTAT Chennai ruled that appeals before the tribunal abate once the NCLT approves a Resolution Plan. Explore the case of Dhanalakshmi Paper Mills Pvt. Ltd.

Revisional Power: Difference of Opinion Alone Insufficient to invoke Section 263

October 3, 2023 510 Views 0 comment Print

In a recent case, ITAT Delhi ruled that having a difference of opinion alone is insufficient to invoke Section 263 of the Income Tax Act.

No section 271(1)(c) penalty on non-existing or deleted disallowances

October 3, 2023 855 Views 0 comment Print

ITAT Delhi rules that penalties under section 271(1)(c) of the Income Tax Act cannot be imposed based on non-existing or deleted disallowances.

Appeal by Suspended Director Post-IRP Appointment Not Maintainable: ITAT

October 3, 2023 924 Views 0 comment Print

In a recent case, ITAT Delhi ruled that an appeal by a suspended director after appointment of an Interim Resolution Professional (IRP) is not maintainable.

TDS on rent reimbursement not deductible if no lessor & lessee relationship

October 3, 2023 3498 Views 0 comment Print

In a recent case, ITAT Kolkata ruled that TDS on rent reimbursement is not deductible if there is no lessor and lessee relationship, siding with McNally Bharat Infrastructure.

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