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Benefit under Budgetary Support Scheme not available to unit undergoing relocation, expansion & change of ownership

September 21, 2023 1341 Views 0 comment Print

Sikkim High Court held that as per guidelines of the Budgetary Support Scheme, if any unit undergoes for relocation, expansion and change of ownership, it will not be eligible under the Budgetary Support Scheme.

Deduction towards fringe benefit tax available while computing book profits u/s 115JB

September 21, 2023 864 Views 0 comment Print

ITAT Delhi held that fringe benefit tax is an allowable deduction in computing book profit as per Section 115JB of the Income Tax Act.

Brand names being intangible assets are amenable to depreciation u/s 32(1)(ii)

September 21, 2023 1155 Views 0 comment Print

Delhi High Court held that ‘brand names’ falls within the scope of intangible assets and, accordingly, are amenable to deprecation under Section 32(1)(ii) of the Income Tax Act.

Documents relating to acknowledgment claiming benefit of section 18 of Limitation Act acceptable at appellate stage

September 21, 2023 2706 Views 0 comment Print

Supreme Court held that the documents relating to acknowledgement claiming benefit of Section 18 of the Limitation Act can be accepted even at the appellate stage. Further, acknowledgment of debt in the balance sheet has been held to be a valid acknowledgment for the benefit of Section 18 of the Limitation Act.

Addition u/s. 69C unsustainable as nature of expenditure & source explained

September 21, 2023 5379 Views 0 comment Print

ITAT Chennai held that Once, nature of expenditure and source is explained, then the question of making additions towards refund money as unexplained expenditure u/s. 69C of the Income Tax Act does not arise.

Acquiring jurisdiction u/s 153C without satisfaction note is unsustainable in law

September 20, 2023 2271 Views 0 comment Print

ITAT Chennai held that acquiring jurisdiction u/s 153C of the Income Tax Act without fulfilling the requirement of satisfaction note in case of searched person is unsustainable and liable to be quashed.

Denial of benefit under Vera Samadhan Yojna unjustified as outstanding amount in intimation erroneously showed higher amount

September 20, 2023 1119 Views 0 comment Print

Gujarat High Court held that denial of benefit under Vera Samadhan Yojna-2019 alleging that full payment against the outstanding amount intimated not paid is unjustifiable in law as amount reflected in intimation erroneously showed higher outstanding amount.

Imposition of penalty not sustainable as duty demand settled under SVLDR Scheme

September 20, 2023 1125 Views 0 comment Print

CESTAT Delhi held that when the demand of duty has been settled under SVLDR Scheme, the imposition of penalty would fail on simple ground that if the appellants had applied under the said scheme, they would have paid ‘nil’ duty.

Clearance of capital goods under EPCG till exit from SEZ unit not available

September 20, 2023 1881 Views 0 comment Print

CESTAT Ahmedabad held that as appellant has not exited from Special Economic Zone (SEZ), they are not eligible for clearing capital goods under the prevalent Export Promotion Capital Goods Scheme (EPCG Scheme).

Excise payable on stock of liquor as manufacturer and seller is only one

September 20, 2023 876 Views 0 comment Print

Delhi High Court held that the petitioner is liable to pay excise duty on leftover stock of liquor transferred by two erstwhile licensees, both the erstwhile licensees and the Petitioner are one and the same. The manufacturer and seller of the liquor was only one i.e. the Petitioner and hence excise duty payable.

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