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Once books of accounts are rejected profit has to be estimated

June 26, 2023 5577 Views 0 comment Print

ITAT Raipur held that A.O after rejecting the books of accounts of the assessee could not have based his assessment on the said books of accounts. Accordingly, once the books of account of an assessee are rejected, then profit has to be estimated.

Penalty not imposable in case of non-payment of service tax on bonafide doubt of taxability

June 26, 2023 1368 Views 0 comment Print

CESTAT Chennai held that imposition of penalty unsustainable as non-payment of service tax on renting of immovable property service was on account of confusions and litigations.

Notice and order passed against non-extant entity is untenable

June 26, 2023 786 Views 0 comment Print

Delhi High Court held that notice u/s 148 and order thereon issued and passed against a non-extant entity cannot be complied with and hence liable to be set aside.

Foreign travel expenditure incurred for obtaining donations is allowable

June 26, 2023 1761 Views 0 comment Print

ITAT Bangalore held that foreign travel expenses incurred for obtaining donations which are utilized for charitable purpose is allowed as expenditure.

Customs exemption available to PET granules under input category used during manufacture of moulds

June 26, 2023 552 Views 0 comment Print

CESTAT Mumbai held that customs exemption in terms of notification no. 52/2003-Cus dated 31st March 2003 is duly available to ‘polyethylene (PET) granules’ under input category as used during manufacture of ‘moulds’.

EOU eligible to avail exemption as per notification no. 10/1997-CE dated 1.03.1997

June 26, 2023 792 Views 0 comment Print

CESTAT Chennai held that benefit of exemption in terms of section 5A vide notification no. 10/1997-CE dated 1.03.1997 duly extended to EOU.

Value fixed by Valuation Committee adopted without revealing methodology and basis is incorrect

June 26, 2023 675 Views 0 comment Print

CESTAT Chennai held that adopting the values as fixed by the Valuation Committee without revealing the methodology and basis adopted for such values is not correct and is not in accordance with the Valuation Rules.

CENVAT Credit towards meal coupons and group insurance of employees duly available

June 25, 2023 864 Views 0 comment Print

CESTAT Chennai held that CENVAT Credit towards service tax paid on meal coupons and group insurance for employees is duly available as input service.

Deduction of unamortized brokerage claimed via revised return is allowable

June 25, 2023 657 Views 0 comment Print

ITAT Mumbai held that deduction of unamortized brokerage expenses claimed through revised return of income is duly allowable.

Interest paid u/s 201(1A) on late payment of TDS is penal in nature

June 25, 2023 3627 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure paid u/s. 201(1A) of the Income Tax Act on late payment of TDS is penal in nature and not compensatory.

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