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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.

GST: Penalty leviable when tax collected is not deposited within 30 days

October 31, 2023 1572 Views 0 comment Print

Kerala High Court held that penalty leviable when the person chargeable to tax fails to deposit the tax collected by him within a period of 30 days from the due date of payment of such tax.

IGST @ 18% leviable on import of Nutritional Supplements

October 31, 2023 333 Views 0 comment Print

CESTAT Ahmedabad held that Nutritional Supplements classifiable under heading 2106 9099 fall under Serial No. 453 of Schedule III of the Notification 1/2017-IGST. Accordingly, IGST @18% is payable and not @28%. Accordingly, demand of differential custom duty unsustainable.

Disallowance u/s 57(iii) just because interest earned not equal to percentage of interest expenditure incurred unsustainable

October 31, 2023 1056 Views 0 comment Print

ITAT Raipur held that interest income earned is not equal to the percentage of interest expenditure incurred cannot be reason for disqualifying expenditure within the provision of section 57(iii) of the Income Tax Act.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 597 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

5% Payment Option Not Automatic for Credit Reversal under Rule 6 of Cenvat Credit Rules

October 31, 2023 354 Views 0 comment Print

CESTAT Mumbai held that in either of the three options given in sub-rule (3) of Rule 6, there is no provisions that if the assessee does not opt any of the option at a particular time, then option of payment of 5% will automatically be applied. Accordingly, demand unsustainable.

Addition u/s 68 towards unexplained cash credit unjustified as source of credit entries explained

October 31, 2023 2847 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unjustified as necessary details explaining the source of credit entries duly provided.

Disallowance of foreign travel expenditure justified as business expediency not proved

October 31, 2023 933 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure justified as assessee failed to prove the business expediency of foreign trip and therefore assessee failed to discharge the primary onus.

Imposition of penalty u/s. 129(3) of UPGST untenable in absence of intention to evade tax

October 31, 2023 1185 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 129(3) of the UPGST untenable as no observation has been made with regard to intent to evade payment of tax.

Petition premature as objections can be raised before assessing authority

October 30, 2023 516 Views 0 comment Print

Madras High Court held the writ petition as premature as it is open to the petitioner to raise all the objections before the assessing authority in respect of show cause notice before completion of assessment. Accordingly, writ petition disposed of.

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