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Refund granted to DICGC as premium paid by bank considered as inclusive of tax

July 26, 2023 492 Views 0 comment Print

CESTAT Mumbai allowed the refund claim filed by Deposit Insurance and Credit Guarantee Corporations (DICGC) by considering premium amount paid by bank as inclusive of tax.

Excess Baggage Charges Taxable as Air passenger transport: CESTAT Delhi

July 25, 2023 636 Views 0 comment Print

CESTAT Delhi held that the collection of excess baggage charges would be leviable to service tax under the category of transport of passengers by air and not under transportation of cargo by air.

Bombay HC: AAR’s Different View Not Ground for Reopening Assessment

July 25, 2023 552 Views 0 comment Print

Bombay High Court held that different view by Authority of Advance Ruling (AAR) in case of another Applicant cannot be ground for reopening of assessment under section 147 of the Income Tax Act.

ITAT Delhi: Project-Specific Services Not Subject to FIS under India-USA DTAA

July 25, 2023 495 Views 0 comment Print

ITAT Delhi held that passing of project-specific architectural drawings and designs with measurements did not amount to making available technical knowledge, know-how, or processes. Since ‘make available’ clause is not satisfied, services rendered to the AOP does not fall within the purview of FIS under Article 12(4)(b) of the India-USA DTAA.

Delhi HC Dismisses Petition; IMFL Excise License Rejection to be Appealed

July 25, 2023 666 Views 0 comment Print

Delhi High Court dismissed the petition as not maintainable in matter rejection of licence for Indian-Made Foreign Liquor (IMFL) as statutory provision which permits the Petitioner to approach the Appellate Authority in terms of section 72 of the Excise Act, 2009.

Delhi HC: Suicide Note Name Discrepancy Irrelevant in Tax Commissioner Case

July 25, 2023 717 Views 0 comment Print

Delhi High Court in prosecution proceedings against the Assistant Commissioner in the Trade & Taxes Department held that the discrepancy in the name in the suicide note is not germane to the issue in the controversy in the present petition.

Importer’s Declared Value Accepted, Contemporaneous Import Value Not Conclusive

July 25, 2023 954 Views 0 comment Print

CESTAT Chennai held that transaction value declared by the importer duly accepted as earlier imports cleared accepting the declared value and also value of the contemporaneous import of identical goods has not been conclusively arrived at by the lower adjudicating authority.

ITAT Mumbai: Interest Receivables Treated as Loan to AE, TP Adjustment Confirmed

July 25, 2023 1245 Views 0 comment Print

ITAT Mumbai held that TPO rightly treated interest receivables as a loan outstanding given by assessee to its Associated Enterprises (AE) and charging interest on the same.

TDS Not Deductible on Supplemental Rent for Foreign Aircraft Lease

July 25, 2023 996 Views 0 comment Print

ITAT Delhi held that supplemental rent/maintenance reserve would be exempt from tax in the hands of lesser in India as per Section 10(15A) of the Act and hence, no disallowance u/s 40(a)(ia) for non-deduction of TDS. Hence, TDS not deductible on such amount paid to foreign company for acquiring aircraft on lease.

Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 270 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

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