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Exercising power under Article 226 unjustified as remedy available before Debt Recovery Tribunal

January 5, 2023 1041 Views 0 comment Print

Bombay High Court held that exercise of power under Article 226 untenable as remedy before Debt Recovery Tribunal available to the petitioner challenging forfeiture of earnest money deposit.

Bail granted as arrest memo didn’t contain gist of alleged offence

January 5, 2023 2139 Views 0 comment Print

Bombay High Court held that as arrest memo needs to contain the gist of offence alleged to have been committed Absence of the same, makes arrest memo bereft of necessary particulars. Accordingly, bail granted to the applicant.

Matter set aside as facts not examined properly by lower authorities

January 5, 2023 228 Views 0 comment Print

ITAT Mumbai set aside the matter for fresh adjudication as none of the aspects and the relevant facts have been properly looked into and examined by the lower authorities

Interest liability is appended on confirmation of differential duty

January 5, 2023 978 Views 0 comment Print

CESTAT Mumbai held that confirmation of differential duty necessarily has interest liability appended to it Accordingly liability to pay interest on duties short-paid at the time of clearance of goods for captive consumption does not get erased.

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 882 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

Disallowance of set off of brough forward loss sustained as return filed beyond time limit

January 5, 2023 2643 Views 0 comment Print

ITAT Mumbai held as books of accounts of assessee are not need to be audited hence return of income has to be filed on or before 31st July As return filed beyond time limit disallowance of set off of brought forward loss sustained.

Evidences needed to prove activity of running tuition centres undertaken for charitable purpose

January 5, 2023 801 Views 0 comment Print

ITAT Mumbai held that activity of running tuition centres can be considered as undertaken for charitable purpose under relief of the poor only if the same is proved with necessary evidence.

Non-compete fee taxable under business income

January 4, 2023 5571 Views 0 comment Print

ITAT Mumbai held that the amount of non-compete fee is taxable under section 28(va) of the Income Tax Act under the head ‘Income from Business & Profession’.

Cenvat credit of service tax paid during setting up of factory is duly available

January 4, 2023 822 Views 0 comment Print

CESTAT Ahmedabad held the eligible cenvat credit of service tax paid during setting up of the factory is duly available as without use of such service the appellant could not have possibly manufactured the excisable goods.

Transfer of assets and liabilities in group amounts to slump sale

January 4, 2023 4731 Views 0 comment Print

ITAT Bangalore held that where the assets and liabilities of an undertaking are sold as a group or lumped together such a sale would qualify as a slump sale Accordingly capital gain on the same should be computed as section 45 to 50 of the Income Tax Act.

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