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WB VAT: Writ petition dismissed holding that State action of not granting remission is not arbitrary

March 13, 2023 729 Views 0 comment Print

Calcutta High Court dismissed the writ petition holding that State action for not granting of remission of tax cannot be said to be arbitrary. Accordingly, held that writ petition is devoid of merit.

Administrative side of court cannot seek leave to review an order passed on judicial side

March 13, 2023 1068 Views 0 comment Print

Madras High Court held that administrative side cannot seek leave to review an order passed by its own judgements on the judicial side as the same would amount to undermining the judicial fibre.

Ad-hoc disallowance based on general remarks without specific allegation is unsustainable

March 13, 2023 1410 Views 0 comment Print

ITAT Delhi held that disallowance on ad-hoc basis without any specific allegation merely on the basis of general remarks and observations is unsustainable as assessee has successfully demonstrated that the expense has been incurred wholly and exclusively for the purpose of business.

Amount paid for settling property dispute is expenditure absolutely necessary for transfer of property

March 13, 2023 6015 Views 1 comment Print

ITAT Jaipur held that amount paid towards settling the property dispute is absolutely necessary to affect the transfer and accordingly the same is allowed as expenditure covered by provision of section 48 of the Income Tax Act.

Tribunal cannot abdicate its duty of deciding the matter on merits till the outcome of pending matter

March 13, 2023 1557 Views 0 comment Print

Gujarat High Court held that Tribunal cannot abdicate its duty of deciding the matter on merits till the outcome of pending matter before Apex Court. Section 35C(1) of the the Central Excise Act, mandates the Tribunal to dispose of the appeals on merits.

Distribution of samples of infant milk substitutes, feeding bottles etc. is prohibited under law

March 13, 2023 921 Views 0 comment Print

ITAT Mumbai held that distribution of samples of infant milk substitutes, feeding bottles and infant foods is prohibited under section 4 of Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. Accordingly, the same is not allowable as business expenditure.

Free export allowable as minor deficiency in processing cannot make leather as not fully finished

March 13, 2023 540 Views 0 comment Print

CESTAT Chennai held that minor deficiency in the processing may not ipso facto make the leather as not fully finished. Accordingly, satisfying the conditions contained in Public Notice No. 21/2009-14 dated 01.12.2009, the same is freely exportable.

Regulation 20 of CBLR mandates issuance & not service of notice within 90 days of receipt of offence report

March 13, 2023 1113 Views 0 comment Print

Commissioner of Customs (Airport & General) Vs R.P. Cargo Handling Services (Delhi High Court) Delhi High Court held that the Commissioner is require to ‘issue’ (ant not ‘serve’) a notice, under Regulation 20 of the Customs Brokers Licensing Regulations (CBLR), within a period of ninety days of the receipt of the offence report. Facts- The […]

Betal Nuts (Boiled Supari) classifiable under Chapter 8 of Customs Tariff Act

March 13, 2023 1866 Views 0 comment Print

Delhi High Court held that Betal Nuts known as ‘Boiled Supari’ is classifiable under Chapter 8 of the Customs Tariff Act and not under Chapter 21 of the Customs Tariff Act.

Provision for Solid Waste Disposal Expenses being an accrued liability is allowable

March 13, 2023 1155 Views 0 comment Print

ITAT Ahmedabad held that provision for Solid Waste Disposal Expenses made by the assessee is not a contingent liability but is an accrued liability and therefore claim of assessee is allowable.

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