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Addition u/s. 2(22)(e) as deemed dividend unsustainable as debit balance was only an inadvertent error

November 20, 2023 573 Views 0 comment Print

ITAT Chennai held that addition u/s. 2(22)(e) towards amount received by shareholder company treating debit balance as deemed dividend unsustainable as debit balance was only because of an inadvertent error and the same was squared off within short period.

Passing of assessment order two years after Dispute Resolution Panel direction is time barred

November 20, 2023 771 Views 0 comment Print

Bombay High Court held that assessment order passed by Faceless Assessing Officer (FAO) two years after the Dispute Resolution Panel (DRP) directions, is time barred and cannot be sustained.

Spent solvent arising during manufacture of Sucralose is not dutiable hence excise demand unsustainable

November 20, 2023 351 Views 0 comment Print

CESTAT Ahmedabad held that spent solvent (DMF) arising during the course of manufacture of dutiable ‘Sucralose’ is not dutiable and hence demand of excise duty thereof is not sustainable in law.

Initiation of prosecution proceedings u/s 276CC in absence of any demand is unsustainable-in-law

November 20, 2023 1731 Views 0 comment Print

Jharkhand High Court held that initiation of prosecution proceedings under section 276CC of the Income Tax Act in absence of any demand, as demand adjusted against refund, is bad-in-law and liable to be set aside.

Tender awarded based on fake Chartered Accountant certificate is liable to be set aside

November 20, 2023 1128 Views 0 comment Print

Bombay High Court held that award of tender of work related to daily spraying and fogging activity for control of Vector Borne Disease by Nashik Municipal Corporation on the basis of fake Chartered Accountant Certificate is liable to be set aside.

Wireless Access Points is exempted from whole of customs duty vide notification dated 01.03.2005

November 20, 2023 588 Views 0 comment Print

CESTAT Delhi held that Wireless Access Points which works on technology and doesn’t support LTE is exempted from whole of customs duty under serial 13(iv) of the notification dated 01.03.2005.

Disallowance of expense owing to suspension of business unsustainable in absence of closure of business

November 20, 2023 1068 Views 0 comment Print

ITAT Delhi held that disallowance of expenditure owing to suspension of business unsustainable as there is nothing on record to show that assessee has completely abandoned or closed the business forever by disposing of its assets and going into liquidation.

Donations cannot be considered as anonymous u/s. 115BBC as details of donors provided

November 18, 2023 1794 Views 0 comment Print

ITAT Delhi held that donations received cannot be considered to be anonymous donations under section 115BBC as details i.e., name, address, PAN, amount of donations of donors provided and not proved to be wrong.

Denial of refund claim unjustified as Anti-Dumping Duty was not leviable at the relevant time

November 18, 2023 531 Views 0 comment Print

CESTAT Ahmedabad held that denial of refund claim of Anti-Dumping Duty unjustified as the Anti-Dumping Duty was not leviable at the relevant time as notification imposing the same expired.

Disregarding Cost Accountant certificate without proving it to be blatantly wrong is unsustainable-in-law

November 18, 2023 528 Views 0 comment Print

CESTAT Chandigarh held that Cost Accountant certificate certifying incidence of duty has not been passed on cannot be disregarded unless it is proved to be blatantly wrong.

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