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Archive: May, 2024

Posts in May, 2024

Service Tax Demand Without Proof, based on ST-3 Returns vs. Trial Balance differences unjustified

May 8, 2024 894 Views 0 comment Print

CESTAT Delhi ruled demand based solely on ST-3 returns vs. trial balance differences unjustified without proof of taxable services. Detailed analysis & conclusion provided.

Section 54F Not Mandates Use of specific fund for new investment: ITAT Chennai

May 8, 2024 795 Views 0 comment Print

Chennai ITAT’s ruling on Ramasubramaniam Sridhar Paul Vs ITO clarifies Sec.54F: no mandate on specific money usage for new investments under Capital Gain Account Scheme.

CIT(A) Can’t Delete Disallowance Solely on Taxpayer’s Claims without dealing with AO’s Findings

May 8, 2024 372 Views 0 comment Print

Detailed analysis of ITAT Ahmedabad’s order regarding CIT(A)’s authority to delete disallowance without considering AO’s findings under Income Tax Act, 1961.

Consider Volume Discount & Geographic Price Variation in TP Adjustment: ITAT Ahmedabad

May 8, 2024 258 Views 0 comment Print

Ahmedabad ITAT’s order in Atul Limited vs DCIT case discusses TP adjustments, volume discount, geography adjustments, and more. Detailed analysis provided.

Penalty Quashed: Lack of Intent to Export Semi-finished Leather as finished leather

May 8, 2024 159 Views 0 comment Print

CESTAT Chennai quashes penalty imposed under Section 114(ii) of Customs Act, citing lack of intent to export semi-finished leather. Full text analysis included.

Once drawback benefits availed, conversion to other scheme not permissible

May 8, 2024 312 Views 0 comment Print

Once a export benefit under which shipping bill was filed has been availed, the conversion to any other scheme cannot be allowed as either draw back scheme benefit could be availed or advance license benefit could be availed and not both

Ahmedabad ITAT Clarifies Letter of Credit vs. Bank Guarantee in Transfer Pricing Dispute

May 8, 2024 915 Views 0 comment Print

In a detailed analysis of Axis Bank Limited Vs ACIT case, Ahmedabad ITAT explains the difference between a Letter of Credit and Corporate Guarantee, resolving disallowance disputes.

Delhi HC issues notice where SCN is adjudicated upon after 11 years

May 7, 2024 2061 Views 0 comment Print

Delhi High Court issues notice in the case of M/s Payworld Digital Services Pvt. Ltd. where Show Cause Notice (SCN) was adjudicated upon after 11 years. Detailed analysis and implications discussed.

Benefit of Indexation cannot be denied to calculate Long Term Capital Gain

May 7, 2024 1812 Views 0 comment Print

In the case of Millie Dey Vs ITO (ITAT Kolkata), the Income Tax Appellate Tribunal ruled that the benefit of indexation cannot be denied to calculate long-term capital gain. Read the detailed analysis and conclusion here.

Moonlighting: The Rise of Side Hustles

May 7, 2024 981 Views 0 comment Print

This article explores the concept of moonlighting, its legality in India, potential risks for employers, and efficient management strategies in addressing this phenomenon.

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