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CENVAT Credit in respect of effluent treatment activity allowable

November 2, 2023 288 Views 0 comment Print

CESTAT Ahmedabad held that effluent treatment activity is essential in relation to the manufacture of final product and accordingly, CENVAT Credit in respect thereon cannot be denied.

CENVAT Credit on ISD invoice issued without obtaining ISD registration available

November 2, 2023 447 Views 0 comment Print

CESTAT Ahmedabad held that CENVAT Credit on ISD invoice issued without obtaining ISD registration is allowable as payment of service tax on services received not disputed.

Initiation of revisionary proceedings u/s 263 on aspects outside the scope of limited scrutiny untenable

November 1, 2023 993 Views 0 comment Print

ITAT Surat held that AO cannot go beyond reason for which matter was selected for limited scrutiny. Thus, PCIT cannot pass revisionary order u/s. 263 of the Income Tax Act on other aspects outside the scope of limited scrutiny.

Initiation of reassessment proceedings u/s. 147 based on incorrect facts is invalid

November 1, 2023 2727 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s. 147 of the Income Tax Act by AO based on incorrect facts and without any verification, examination and evaluation of report of Investigation Wing and other material is invalid and unsustainable in law.

Penalty notice u/s 271(1)(c) without specifying exact limb is bad-in-law

November 1, 2023 1722 Views 0 comment Print

ITAT Delhi held that notice issued initiating the penalty proceeding without specifying the limb of section 271(1)(c) of the Income Tax Act is bad-in-law and liable to be quashed.

CENVAT Credit eligible on inputs used for manufacture of final products that are destroyed during testing

November 1, 2023 522 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit cannot be denied merely because final products are destroyed during testing. Notably, testing is integral to the activity of manufacture and CENVAT attributable to inputs that have gone into the manufacture of final products cannot be denied.

Imported product which functions like badge reader is rightly classifiable under Chapter 8543

November 1, 2023 303 Views 0 comment Print

CESTAT Bangalore held that the product i.e. ‘553 series for 4500 Full A/N Prox. Exp Memory’ which functions like a badge reader is rightly classifiable under Chapter 8543.

Ad-hoc disallowance of expenditure without any basis is unsustainable in law

November 1, 2023 2550 Views 0 comment Print

ITAT Raipur held that ad-hoc disallowance of expenditure without specifying expenditure which was either not incurred for the purpose of business or was not substantiated by documentary evidence/material is unsustainable in law.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1068 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

Financial creditors can initiate CIRP after recovery certificate

November 1, 2023 657 Views 0 comment Print

Supreme Court held that the recovery certificate itself would give rise to a fresh cause of action entitling a financial creditor to initiate Corporate Insolvency Resolution Process (CIRP).

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