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Addition not sustained as non-accounting of expired stock doesn’t impact profitability

September 7, 2023 564 Views 0 comment Print

ITAT Chandigarh held that mere non-accounting of the expired stock as part of the opening stock would not have any impact on the profitability. Accordingly, addition thereof is liable to be deleted.

Penalty imposed u/s 270A is appealable before CIT(A)

September 7, 2023 6966 Views 0 comment Print

ITAT Raipur held penalty imposed u/s. 270A of the Income Tax Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Income Tax Act.

Denial of benefit of VCES based on notice which is time barred is unjustified

September 7, 2023 339 Views 0 comment Print

CESTAT Delhi held that denial of benefit of Voluntary Compliance Encouragement Scheme, 2013 (VCES) based on the show cause notice which is time barred is unjustified.

Excise Duty: Penalty unwarranted as amount paid before issuance of notice

September 7, 2023 246 Views 0 comment Print

CESTAT Chennai held that imposition of penalty unwarranted as differential duty is already paid before issuance of show cause notice.

Invocation of extended period alleging mere non-payment of duties unjustified

September 7, 2023 414 Views 0 comment Print

CESTAT Kolkata held that exemption under notification 25/2012-ST available as activities undertaken is covered within the ambit of works assigned under Article 243W of the Constitution to be carried out by the Municipalities. Further, mere non-payment of duties is not equivalent to collusion or wilful mis-statement or suppression of facts and accordingly extended period cannot be invoked.

Section 269ST apply to undisclosed income declared during survey proceedings

September 7, 2023 1890 Views 0 comment Print

ITAT Ahmedabad held that provisions of Section 269ST of the Income Tax Act 1961 would apply to undisclosed income which was declared during the survey proceedings.

Deduction of cost of land with expenses allowable from sale consideration

September 6, 2023 3993 Views 0 comment Print

ITAT Indore held that deduction of cost of land with expenses for exploitation on land duly allowable from the sale consideration before charging tax on the same.

Right of possession and effective control of vessel transferred hence no service tax leviable

September 6, 2023 642 Views 0 comment Print

CESTAT Ahmedabad held that during the charter period of vessels the right of possession of vessels and effective control have been transferred to service recipient, therefore the service does not fall under the “Supply of Tangible Goods Service”.

Loss on forward contracts allowed as business loss

September 6, 2023 873 Views 0 comment Print

ITAT Chennai held that actual loss arisen on account of cancellation of the forward contracts entered into with the banks to safeguard realization of export proceeds is allowable as business loss.

Transportation of Ready-Mix Concrete in transit mixers classified under GTA services

September 6, 2023 2583 Views 0 comment Print

CESTAT Ahmedabad held that providing transit mixers for transportation of Ready-Mix Concrete (RMC) is classifiable under ‘Goods Transport Agency’ (GTA) services and not under ‘supply of tangible goods for use service’.

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