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Cash deposited during demonetization period due to cash sales cannot be added as unexplained

December 12, 2022 15807 Views 0 comment Print

ITAT Bangalore held that cash deposited on account of cash sales during demonetization period cannot be added as unexplained under section 68 of the Income Tax Act as AO didn’t rejected the books of accounts nor brough anything contrary on records to show that cash sales is not the source for cash deposit.

Bail granted in clandestine manufacture and supply of chewing tobacco

December 12, 2022 2037 Views 0 comment Print

Supreme Court granted bail in clandestine manufacture and supply of chewing tobacco without payment of leviable duties and tax as the petitioner has already undergone incarceration for more than four months. Further, there are no apprehension of tampering, intimidating or influencing.

TDS u/s 195 not attracted on payment towards buy-back of shares as per Indo-Singapore DTAA

December 12, 2022 1551 Views 0 comment Print

ITAT Mumbai held that payment towards buy-back of shares to an NRI doesn’t attract deduction of tax under section 195 as according to Indo-Singapore DTAA jurisdiction for taxing the capital gains arising in the hands of an NRI is in Singapore and not in India

VAT not leviable on lease charges paid by Railway Department

December 12, 2022 336 Views 0 comment Print

Chhattisgarh High Court held that lease charges paid by the Railways Department to the Petitioner Company is not subjected to levy of VAT as the taxable event is the transfer of right to use goods and not right to use goods or the use of goods

Freight/ logistic support service is not FTS/ FIS and hence not taxable in India

December 12, 2022 1968 Views 0 comment Print

ITAT Delhi held that the amount received by the assessee from freight/logistic support services cannot be treated as FTS/FIS either under section 9(1)(vii) of the Income Tax Act or under tax treaty provisions and hence the same is not taxable in India.

Capital gain not assessable on land being an agricultural land

December 12, 2022 3465 Views 0 comment Print

DCIT Vs K. Dhandapani and Co. Ltd. (ITAT Chennai) ITAT Chennai held that assessee rightly proved that the land sold is agricultural land and agricultural activity was carried out on the same. Hence, the agricultural land is not assessable to capital gains. Facts- The only issue in this appeal of Revenue is as regards to […]

Order passed ex-parte in nature is bad in law

December 12, 2022 1449 Views 0 comment Print

Patna High Court held that the order, ex parte in nature, passed in violation of the principles of natural justice, is liable to be quashed and set aside.

Order to disrupted/ partitioned HUF is invalid

December 12, 2022 492 Views 0 comment Print

ITAT Bangalore held that HUF was disrupted / partitioned as on the date of assessment order and hence the assessment order in the status of HUF is invalid.

Refund claim u/r 5 of CCR, 2004 cannot be denied on the ground of no nexus between the input service and output service exported

December 12, 2022 849 Views 0 comment Print

CESTAT Mumbai held that rejection of refund claim under Rule 5 of Cenvat Credit Rules, 2004 solely on the basis of the ground that there is no nexus between the input service and the output service exported is untenable in law.

Jewellery deposited by family members of partner treated as stock in trade

December 12, 2022 1701 Views 0 comment Print

ITAT Bangalore held that the deposit of gold jewellery by family members of a partner in the partnership firm would be treated as the stock in trade of the firm as agreement between the firm and the partners provides that the jewellery given by the partner can be used by the firm and sold by the firm.

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