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Cenvat credit not deniable as services settled to be eligible input service

February 24, 2023 2223 Views 0 comment Print

CESTAT Delhi held that once the services in question have already been settled to be the eligible input services, the Cenvat credit thereof cannot be denied to the assessee.

Revocation of customs broker licence justified on failure to verify correctness of documents

February 24, 2023 1812 Views 0 comment Print

CESTAT Delhi held that Customs Broker failed to verify the correctness of the documents, violated the obligation as a custom broker under CBLR, 2013, accordingly, revocation of licence and forfeiture of security deposit justified.

Education cess paid by assessee is not allowable as expense u/s. 37

February 24, 2023 1578 Views 0 comment Print

Held that education cess paid by the respondent-assessee is not allowable as an expenditure under Section 37 read with 40(a)(ii) of the Income Tax Act.

Sale of property taxable under capital gain as property held for considerable longer time period

February 24, 2023 25299 Views 0 comment Print

ITAT Delhi held that property sold is to be taxed under Capital gain as the property was held for considerable longer period of time and assessee is not engaged into systemic real estate business activity.

Denial of cenvat credit of towers used to rendering telecommunication service beyond limitation period unsustainable

February 23, 2023 804 Views 0 comment Print

Bombay High Court held that denial of cenvat credit to the telecom communication companies on towers used to rendering telecommunication service is sustained. However, duty demand of ineligible cenvat credit issued beyond the period of limitation as the issue was a debatable issue.

Interest u/s 234B(2A) payable only on balance additional tax payable after excluding prepaid tax

February 23, 2023 2304 Views 0 comment Print

Gujarat High Court held that interest under section 234B(2A) of the Income Tax Act is payable only on the balance additional tax payable after allowing credit of prepaid tax.

When Tribunal order directs designated authority to calculate disputed tax, same should be done without fresh examination

February 23, 2023 660 Views 0 comment Print

Bombay High Court held that order of Tribunal directed the designated authority to calculate the tax amount applying the ratio of Mohommad Haji Adam & Co case. Designated authority had only to calculate the disputed tax by giving effect to the orders of the Tribunal. Order of Tribunal was not directing fresh examination on any issue.

Payment towards brokerage service not covered as FTS/FIS is not taxable in India

February 23, 2023 1782 Views 0 comment Print

ITAT Mumbai held that there is no element of technical knowledge, experience, skill knowhow or process in the rendering of brokerage services. Therefore, the payment of brokerage by the assessee to the brokers not being covered as FTS-FIS is not taxable in India either pursuant to Sec. 9(1)(vii)

Extended service tax demand gets applicable only when there is deliberate mis-statement/ suppression of facts

February 23, 2023 1461 Views 0 comment Print

Delhi High Court held that extended service tax demand invoking proviso to Section 73(1) of the Act would be applicable on account of mis-statement or suppression of facts only if the same was deliberate and for the purposes of evading payment of duty.

Dues of income tax department classifiable as secured creditors

February 23, 2023 4167 Views 0 comment Print

NCLAT Delhi held that the dues of income tax department are Government dues and they are secured creditors.

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