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Higher value declared before Chinese Customs adopted as allegation of mis-declaration not disproved

November 18, 2023 369 Views 0 comment Print

CESTAT Delhi held that the values declared by the exporter before the Chinese authorities was much higher than the values declared in the Bills of Entry and appellant has failed to produce any cogent document to disprove the allegation of mis-declaration in the export declaration.

Ad-interim relief granted as online gaming tantamount to betting requires detailed analysis

November 18, 2023 435 Views 0 comment Print

Gujarat High Court held that the question whether online gaming would tantamount to betting/gambling requires to be analyzed in details. Accordingly, an ad-interim relief extended to petitioner.

SAD not leviable on goods cleared as sample by availing exemption from payment of sales tax/ VAT

November 18, 2023 549 Views 0 comment Print

CESTAT Allahabad held that SAD (Special Additional Duty) is not leviable on the goods cleared in DTA as samples from EOU by availing of exemption from payment of Sales Tax/ VAT.

Interest expense for amount advanced to subsidiary out of commercial expediency allowable

November 17, 2023 786 Views 0 comment Print

ITAT Delhi held that amount advanced to subsidiary companies out of commercial expediency, accordingly, disallowance of interest claimed under section 36(1)(iii) of the Income Tax Act unsustainable.

Debatable issue cannot be rectified u/s. 154 of the Income Tax Act

November 17, 2023 1284 Views 0 comment Print

ITAT Chennai held that only the mistake apparent from record which can be rectified but where two views are possible or there is a debate available, it cannot be rectified u/s.154 of the Income Tax Act.

Travel expenditure incurred for business interest cannot be disallowed

November 17, 2023 663 Views 0 comment Print

Delhi High Court held that disallowance of travel expenditure unjustified as the expenses incurred had a nexus with the business interest of the respondent/assessee and AO has not brought anything on record to prove that the expenditure were of personal nature.

Exemption u/s. 11 not deniable as no violation of proviso to provision of section 2(15)

November 17, 2023 612 Views 0 comment Print

ITAT Chennai held that revision order u/s. 263 unjustified and liable to be quashed as no findings which proves that there is a violation of the proviso to provision of section 2(15) of the Income Tax Act, 1961. Accordingly, exemption u/s. 11 rightly claimed.

Notice for reopening of assessment issued on last date of limitation period is valid

November 17, 2023 1671 Views 0 comment Print

Delhi High Court held that notice for reopening of assessment issued u/s. 148 of the Income Tax Act on the last date of the limitation period cannot be said be have been issued beyond the period of limitation.

Relying on statement without following procedure u/s 9D of Central Excise Act unsustainable

November 17, 2023 777 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT Credit alleging non-receipt of goods based on statements without following procedure prescribed under section 9D of the Central Excise Act, 1944 is unjustified and unsustainable in law.

Provisions of section 14A & 74H of Kerala Co-operative Societies Act is within legislative competence

November 17, 2023 681 Views 0 comment Print

Kerala High Court held that the provisions i.e. Sections 14A & 74H of the Kerala Co-operative Societies Act, 1969 not relating to any aspect of banking are within the legislative competence of the State Legislature.

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