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Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1776 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

Duty demand on test production is unsustainable in law

January 19, 2023 1011 Views 0 comment Print

CESTAT Delhi held that the appellant had done only test production and hence duty demand on the same is unsustainable in law.

Order passed without examining main part of input service definition is non-speaking

January 18, 2023 975 Views 0 comment Print

CESTAT Ahmedabad held that as the order is passed without examining the admissibility of input services credit under the main part of the definition of input service, the same is vague and non-speaking order.

Goods liable for confiscation can be released on payment of redemption fine

January 18, 2023 1980 Views 0 comment Print

CESTAT Delhi held that after adjudication if the goods are held liable for confiscation, they may be released on payment of redemption fine.

Assessment order passed in the name of non-existent entity is invalid

January 18, 2023 2547 Views 0 comment Print

ITAT Delhi held that assessment order passed in the name of non-existent entity is equivalent to passing an order in the name of dead person, hence, is invalid.

Re-import of rejected goods treatable as free import as identity and genuineness of export established

January 18, 2023 14283 Views 0 comment Print

CESTAT Delhi held that as identity and genuine export of CPC (Calcined Petroleum Coke) is duly established, re-import of the rejected goods are to be treated as freely importable under Foreign Trade Policy.

Cenvat Credit cannot be denied merely because zonal offices are situated separately

January 18, 2023 1005 Views 0 comment Print

CESTAT Delhi held that as the zonal offices are integral part of the appellant and hence location of the same hardly makes any difference Accordingly Cenvat Credit allowed in respect of input services availed by zonal offices allowed.

CIRP initiated as Corporate Debtor admitted its liability

January 18, 2023 1935 Views 0 comment Print

NCLT Delhi ordered to initiate Corporate Insolvency Resolution Process (CIRP) initiated against the Corporate Debtor, as the Corporate Debtor duly admitted the liability.

VAT Demand unsustainable as transport of goods outside the purview of ‘sale’

January 18, 2023 690 Views 0 comment Print

Maharaja Gas Agency Vs State of Tripura (Tripura High Court) Facts- The petitioner is carrying the business of distribution of Liquid Petroleum Gas (LPG) as well as transportation of LPG and LPG cylinders. On participation in a tender, invited by the Indian Oil Corporation Limited (IOCL), he was successful in the bid for grant of […]

Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

January 18, 2023 1470 Views 0 comment Print

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

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