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Issue of section 148 Notice to unrelated e-mail address is not due dispatch

October 2, 2022 12708 Views 0 comment Print

Delhi High Court held that issuance of notice u/s 148 of the Income Tax Act to an unrelated e-mail address doesn’t constitute as due dispatch

Service tax not leviable on premium charged due to interest restructuring

October 1, 2022 585 Views 0 comment Print

CESTAT Delhi held that premium charged due to interest restructuring is net present value of loss of interest and therefore not leviable to service tax under ‘banking and other financial services’.

Interest earned on loans to staff members taxable as Income from Other Sources

October 1, 2022 462 Views 0 comment Print

ITAT Ahmedabad held that loans to staff members is not business expenses and therefore interest earned on such loans cannot be treated as business income.

Employees contribution to EPF and ESI before due date of return is allowable as deduction

October 1, 2022 3984 Views 0 comment Print

ITAT Delhi held that amendment to section 36(1)(va) are effective from 1st April 2021 and hence disallowance of employees’ contribution to EPF and ESI paid before due date of filing return of income is unsustainable

Deletion of unexplained investment without verification of books of account is untenable

October 1, 2022 528 Views 0 comment Print

ITAT Bangalore held that deletion of unexplained investment without verifying the reflection thereof in the books of accounts and also without verifying consolidated statement of accounts is untenable in law. Matter remanded to verify the books of accounts

Writ petition challenging leviability of GST on royalty rejected

September 29, 2022 5085 Views 0 comment Print

Rajasthan High Court held rejected the writ petition filed challenging leviability of GST on royalty as matter already decided by Hon’ble Supreme Court

Section 80IC benefit ineligible to unit outsourcing most of production process

September 29, 2022 894 Views 0 comment Print

Himachal Pradesh High Court held that benefit u/s 80IC not available when only small part of entire process is carried out at unit and other process is outsourced.

Cenvat credit available on service tax paid to commission agent

September 28, 2022 1746 Views 1 comment Print

Calcutta High Court held that cenvat credit of service tax paid to the commission agent is available, as the commission so paid is included in the assessable value of the final product.

Extended period of limitation cannot be invoked due to mere change of departmental view

September 28, 2022 3336 Views 0 comment Print

Bombay High Court held that mere change of view by the department, the respondent could not have been said to have either mis-declared or suppressed facts in classifying its goods at the time of its import and hence extended period of limitation cannot be invoked.

Cenvat credit eligible on tower, tower material & pre-fabricated buildings/shelters

September 23, 2022 1377 Views 0 comment Print

CESTAT Delhi held that tower/ tower material and pre-fabricated buildings/ shelters are covered within the definition of ‘capital goods’ and hence eligible for Cenvat Credit

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