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IGST not leviable on re-import of goods which were exported for exhibition

November 17, 2023 2997 Views 0 comment Print

CESTAT Delhi held that the goods exported under LUT are admittedly imported within six months of the export then there is no liability to pay tax on re-import.

Wireless Access Point classifiable under 8517 62 90 is entitled for Basic Customs Duty exemption

November 17, 2023 978 Views 0 comment Print

CESTAT Delhi held that Wireless Access Point is classifiable under Customs Tariff Item 8517 62 90 and accordingly is entitled to exemption from Basic Customs Duty under serial no. 13 of notification dated 01.03.2005 as amended by notification dated 11.07.2014.

Diesel supplied free of cost to GTA by recipient is addible to taxable value

November 16, 2023 1197 Views 0 comment Print

Chhattisgarh High Court held that diesel even though being provided free of cost by the service recipient to GTA service provider has to be added to the value for the purpose of GST.

Tax authorities bound to follow the view already taken on identical set of facts

November 16, 2023 846 Views 0 comment Print

Delhi High Court held that the taxing authorities would be bound by the view already taken and it would in any case be impermissible for them to take contrarian views with respect to an identical set of facts. Accordingly, refund granted in earlier occasions has to be granted currently as based on identical set of facts.

Assemblies, sub-assemblies, components, sub-components imported under EPCG allowed as spares under FTP

November 15, 2023 528 Views 0 comment Print

CESTAT Kolkata held that the imported assemblies, sub-assemblies, components, sub-components under EPCG are held as allowed as spares under the Foreign Trade Policy at Para 9.57.

Comparability for determining ALP lost as only comparable chosen by DRP fails

November 15, 2023 501 Views 0 comment Print

ITAT Mumbai held that once only comparable as chosen by DRP fails, then same loses the comparability for determining the ALP.

Exemption benefit based on exemption certificate available to parts of helicopters

November 15, 2023 390 Views 0 comment Print

CESTAT Chennai held that Armour Panels and Stretcher Assembly which are parts of helicopters are eligible for exemption based on exemption certificate issued in terms of Notification No. 63/1995-CE dated 16.03.1995.

TDS not deductible on web hosting services as such services are not royalty or FTS

November 11, 2023 18975 Views 0 comment Print

ITAT Delhi held that availment of web hosting services do not constitute royalty or FTS and hence payments made thereof for such services are not chargeable to tax in India. Accordingly, TDS not deductible on the same.

Disallowance u/s 80M to the extent of dividend distributed to shareholders unsustainable

November 11, 2023 1221 Views 1 comment Print

Delhi High Court held that disallowance under section 80M of the Income Tax Act to the extent of divided distributed to the shareholders unsustainable in law. Accordingly, disallowance rightly deleted by CIT(A).

Demand unsustainable as revenue failed to lodge claim with Resolution Professional

November 10, 2023 396 Views 0 comment Print

Delhi High Court held that as revenue has failed to lodge the claim with the Resolution Professional, they cannot enforce the impugned orders and notices, given the binding nature of approved Resolution Plan.

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