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Business Use of Travel Agency and Broadband Services Qualifies for CENVAT

November 3, 2023 321 Views 0 comment Print

CESTAT Chandigarh held that Travel Agency Service, AMC Photocopy Machines and Broadband services used for the purpose of business and not for any personal use is eligible for CENVAT Credit.

HC acquits CA in misconduct case for delay & lack of evidence

November 3, 2023 1536 Views 0 comment Print

Bombay High Court acquits CA Gordhanbhai Madhabhai Savalia, citing inordinate delay, lack of evidence, and legal complexities in professional misconduct case.

Section : ITAT deletes reasonable Excess Jewelry Addition for Wealthy Assessee

November 3, 2023 1350 Views 0 comment Print

ITAT Delhi rules addition u/s 69A for excess jewelry during a search operation unsustainable as the assessee belonged to a wealthy family and received jewelry on occasions

Section 148 Reassessment Set Aside for Lack of Deficiency in Assessee’s Explanation

November 3, 2023 393 Views 0 comment Print

Delhi High Court held the reassessment proceedings under section 148 of the Income Tax Act as liable to be set aside as AO failed to demonstrate that explanation given by the assessee was deficient.

Seizure of shawls took place in Delhi hence Delhi Court will have jurisdiction

November 3, 2023 384 Views 0 comment Print

Jammu-Kashmir and Ladakh High Court held that as the seizure of shawls containing prohibited material took place in Delhi, therefore, Delhi Court will be having jurisdiction in the matter and not the court of Jammu-Kashmir and Ladakh.

TDS from Own Account not excludible from Gross Taxable Value

November 3, 2023 438 Views 0 comment Print

CESTAT Bangalore held that TDS amount paid to the Government by the appellant from his own account not to be included in the gross taxable value. Accordingly, service tax not leviable on the same.

Bail application of Manish Sisodia in excise policy matter rejected

November 3, 2023 891 Views 0 comment Print

Supreme Court rejected the bail application of Manish Sisodia, former Deputy Chief Minister of Delhi, who has been alleged to have committed various offences under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860 and the Prevention of Money Laundering Act, 2002.

Benefit of Notification 108/95-CE cannot be denied if no evidence of removal of goods before project completion

November 2, 2023 453 Views 0 comment Print

CESTAT Bangalore held that in the absence of any evidence regarding removal of the goods before completion of the project, the benefit of Notification No.108/95 CE dated 28.08.1995 amended vide Notification No.13/2008 CE dated 01.03.2008 cannot be denied. Accordingly, demand set aside.

FERA Section 56 Proceedings Initiation Without SCN Unsustainable

November 2, 2023 612 Views 0 comment Print

Delhi High Court held that initiation of proceedings under section 56 of the Foreign Exchange Regulation Act, 1973 (FERA) without issuance of show cause notice or opportunity notice is against the principle of natural justice and hence untenable-in-law.

Reopening on ‘Borrowed Satisfaction’ Instead of ‘Independent Satisfaction’ is Unlawful

November 2, 2023 3705 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 147 of the Income Tax Act merely based on ‘borrowed satisfaction’ as against statutory requirement of ‘independent satisfaction’ is bad-in-law.

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