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Benefit of notification 2/2008-CE and 4/2006-CE available to 100% EOU for clearance in DTA

November 1, 2023 372 Views 0 comment Print

CESTAT Kolkata held that 100% EOU for clearance in DTA is entitled for benefit of notification no. 2/2008-CE dated 01.03.2006 for clearance of Linear Alkyl Benzene Sulphuric Acid and notification no. 4/2006-CE dated 01.03.2006 for clearance of Spent Sulphuric Acid.

Writ not entertained as alternate remedy of appeal available against order and notices issued u/s 153C

November 1, 2023 417 Views 0 comment Print

Kerala High Court held that writ petition not entertained as alternate remedy available with the petitioner since notices and assessment orders issued under section 153C of the Income Tax Act are duly issued within jurisdiction.

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 591 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

Writ not maintainable as order passed by Adjudicating Authority is appealable before Appellate Tribunal

November 1, 2023 582 Views 0 comment Print

Delhi High Court held that writ petition filed is not maintainable as per provisions of section 26 of the Prevention of Money Laundering Act, 2002 (PMLA) an appeal is to be filed before the Appellate Tribunal against any Order passed by the Adjudicating Authority.

Deletion of understated sale consideration by CIT(A) without dealing in fundamental aspects cannot be countenanced in law

November 1, 2023 510 Views 0 comment Print

ITAT Delhi held that deletion of additions on account of understated sale consideration based on loose papers, dairy, documents, etc. seized in search action without dealing with the fundamental aspects of the matter by CIT(A) order cannot be countenanced in law. Accordingly, matter restored back to CIT(A) for fresh determination.

One-Time Premium/Salami for Property Interest Transfer Not Subject to Service Tax

November 1, 2023 2085 Views 0 comment Print

CESTAT Kolkata held that one time payment, in the form of Premium or Salami for transfer of interest in the property cannot be equated as rent and hence the same is not exigible to the service tax. Accordingly, demand of service tax set aside.

Imposition of penalty u/s 78 without intention to evade payment of tax untenable

October 31, 2023 1590 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under section 78 of the Finance Act without elements of fraud or collusion or willful mis-statement or suppression of facts or violation of Act or Rules made thereunder with an intent to evade payment of tax is untenable in law.

Duty demand invoking rule 8 of CVR, 2000 without any reasonable justification unsustainable

October 31, 2023 174 Views 0 comment Print

CESTAT Chandigarh held that duty demand valuing goods cleared to sister concern in term of rule 8 of the Central Excise (Valuation) Rules, 2000 (CVR, 2000) without any reasonable justification and without providing report of Deputy Director (Cost) is unsustainable in law.

Revisionary order passed u/s 263 without granting an opportunity of being heard is unsustainable

October 31, 2023 789 Views 0 comment Print

ITAT Surat held that revisionary order passed under section 263 of the Income Tax Act without considering reply of the assessee and without granting an opportunity of being heard is unsustainable in law as against the principles of natural justice.

Distinction by resolution professional between homebuyers seeking remedies is artificial and hence unsustainable

October 31, 2023 474 Views 0 comment Print

Supreme Court held that distinction made by resolution professional with regard to class of home buyers who seeks remedies under RERA is artificial and amount to ‘hyper-classification’ and hence falls afoul of Article 14. Accordingly, such classification is unsustainable.

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