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Cenvat Credit of fuel and oil contained in ship imported for breaking purpose duly available

April 14, 2023 444 Views 0 comment Print

CESTAT Ahmedabad held that ship imported for breaking purpose contains fuel and oil and accordingly they are by-product that are inevitably required to be removed from the ship. Hence, CENVAT Credit of the same duly available.

Appellate Authority directed to entertain appeal after collecting Kerala Legal Benefit Fund amount

April 14, 2023 1446 Views 0 comment Print

Kerala High Court directed the First Appellate Authority to entertain the appeals preferred by the appellant against assessment order after collecting amounts due towards Kerala Legal Benefit Fund.

Customs authorities not empowered to seal immovable property

April 14, 2023 1392 Views 0 comment Print

Bombay High Court held that there is no power available with the custom authorities to seal premises of any person, which are nothing but a form of immovable property.

Rectification u/s 154 of non-inclusion of surrendered income in book profits u/s 115JB not amenable

April 14, 2023 600 Views 0 comment Print

Held that the non-inclusion of surrendered income in the Book Profits of the assessee as per section 115JB of the Act, was not a patent error amenable to rectification u/s 154 of the Income Tax Act.

Section 292BB doesn’t cure complete absence of notice it cures only manner of service of notice

April 14, 2023 1671 Views 0 comment Print

ITAT Delhi held that provisions of section 292BB of the Income tax Act doesn’t cure complete absence of notice. Section seeks to cure only the manner of service of notice.

Sub-letting rental income taxable under ‘income from other sources’

April 14, 2023 19764 Views 0 comment Print

ITAT Visakhapatnam held that rent received from sub-letting the property is taxable under the head ‘income from other sources’ and not under the head ‘income from house property’.

Documentary evidences provided by appellant hence burden is on department to prove foreign origin of goods

April 13, 2023 873 Views 0 comment Print

Maa Lilori Bhander Vs Commr. of Customs (Preventive) (CESTAT Kolkata) CESTAT Kolkata held that appellant duly produced documentary evidences like GST invoice, E-way bill and consignment notes. Accordingly, once Appellant has provided documentary evidence, the burden of proving that the goods are of a foreign origin falls on the Department. Facts- In the present case […]

Disallowance for non-deduction of TDS of RPC fee unsustainable in terms of second proviso to section 40(a)(i)

April 13, 2023 1284 Views 0 comment Print

ITAT Delhi held that no part of the RPC fee is liable to be disallowed in terms of clause (i) of s. 40(a) because the second proviso clause (i) of Section 40(a) being curative and declaratory in nature has to be given retrospective effect.

Addition of cash deposits unsustainable if reasonable & plausible explanation given

April 13, 2023 1932 Views 0 comment Print

ITAT Pune held that addition on account of cash deposits unsustainable as reasonable and plausible explanation given by the assessee.

Addition of rental income as undisclosed income merely because of wrong deduction of TDS unjustified

April 13, 2023 1416 Views 0 comment Print

ITAT Delhi held that addition of rental income as undisclosed merely because tenant as wrongly deducted TDS u/s. 194J is unsustainable as landlord cannot be blamed for wrong deduction of TDS.

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