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Archive: 09 October 2023

Posts in 09 October 2023

Revisionary Jurisdiction can be exercised only on prima facie Jurisdictional Error: NCDRC

October 9, 2023 696 Views 0 comment Print

In present facts the National Commission dismissed the Appeal by observing that the scope in a Revision Petition is limited. Such powers can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order.

De-requisition of land that is vested with State is unsustainable

October 9, 2023 696 Views 0 comment Print

Calcutta High Court held that the land once vested with State cannot be derequisitioned nor any further acquisition proceedings lie under the Land Acquisition Act, 1894.

Proportionate municipal tax paid to society allowable against house property income

October 9, 2023 720 Views 0 comment Print

ITAT Mumbai held that in case municipal tax receipts are in name of land lord and ownership of flats are with society and taxes are borne by the society and collects proportionate taxes from flat owner. Then, municipal tax so paid is allowable as expenditure u/s 24 of the Income Tax Act.

Transfer pricing provisions not apply to operations carried through qualifying ships

October 9, 2023 432 Views 0 comment Print

Held that the transfer pricing provisions are not applicable to the assessee to the extent of operations carried out through operating qualifying ships where the income is taxed under Tonnage Tax Scheme.

Demand alleging non-production of documents unsustainable as records taken away by DRI

October 9, 2023 249 Views 0 comment Print

CESTAT Ahmedabad held that as DRI just prior to investigations by DGCEI took away all records pertaining to the import of scrap, the manufacturer cannot be expected to produce documents showing transport and receipt of the goods in the factory. Accordingly, demand of Cenvat alleging non-receipt of inputs set aside.

ITAT upheld addition for share premium exceeding fair market value: Section 56(2)(viib)

October 9, 2023 1287 Views 1 comment Print

ITAT Bangalore held that the share premium received by the company is in excess of fair market value of the share, the addition thus made u/s. 56(2)(viib) of the Income Tax Act is found to be just and proper.

Scope of verification in limited scrutiny not extendable to other issues

October 9, 2023 600 Views 0 comment Print

ITAT Pune held that as the case was selected for limited scrutiny and the same was not converted into complete scrutiny, the scope of verification of AO cannot be extended to other issues/matter. Accordingly, appeal allowed.

Provisions of section 194C applies to work and not for purchase of material

October 9, 2023 1476 Views 0 comment Print

ITAT Jaipur held that the provision of section 194C of the Income Tax Act is applicable to work and not for purchase made which are liable for VAT. Hence, TDS u/s. 194C is not leviable as payments were made for purchase of material and not for any work contract.

Refund of IGST paid on exported goods being zero-rated supplies admissible as excess drawback repaid

October 9, 2023 849 Views 0 comment Print

Gujarat High Court held that excess drawback on account of availing Cenvat Credit facility was repaid with interest. Hence, refund of IGST paid on goods and services paid on exported goods being zero rates supplies is duly admissible.

Land reclamation and soil stabilization provided in course of construction of port is exempt from service tax

October 9, 2023 252 Views 0 comment Print

CESTAT Chennai held that amount received for land reclamation and soil stabilization in the nature of site formation service provided in the course of construction of port is exempt from service tax vide notification 17/2005-ST dated 07.06.2005.

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