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Income Tax Authority which has initiated prosecution must have sanction of law

October 12, 2023 591 Views 0 comment Print

Telangana High Court held that once sanction has been given to a particular authority, i.e., the Deputy Director of Income Tax, the prosecution has to be launched by him alone and not by the Assistant Director of Income Tax. Thus, the authority which has initiated the prosecution must have sanction of law. Otherwise, it amounts to illegal action.

Revenue cannot compute notional interest u/s. 13(2)(a) of Income Tax Act

October 12, 2023 666 Views 0 comment Print

ITAT Mumbai held that provisions of section 13(2)(a) of the Income Tax Act does not authorise the Revenue to compute the notional interest. Accordingly, addition of notional interest deleted.

RPM is most appropriate for Benchmarking Imported Men’s Wear Resale Transactions

October 12, 2023 285 Views 0 comment Print

ITAT Mumbai held that Retail Sale Price Method (RPM) is the most appropriate method for benchmarking the international transaction of ‘import of men’s wear for resale’ between Celio Future Fashion Pvt. Ltd. and its associated enterprises.

Criminal Appeal Dismissed for Lack of Proof in Section 138 NI Act Case

October 12, 2023 948 Views 0 comment Print

Andhra Pradesh High Court held that the complainant miserably failed to prove the offence under Section 138 of the Negotiable Instrument Act, 1881 against the respondent/accused beyond reasonable doubt. Accordingly, Criminal Appeal dismissed.

Cenvat Credit on inputs used in manufacture of product which is further utilized for manufacture of dutiable final product allowed

October 11, 2023 633 Views 0 comment Print

CESTAT Ahmedabad held that Cenvat Credit of duty paid on inputs used in manufacture of final products cleared without payment of duty and which is further utilized for manufacture of final products on which duty is paid is allowable.

Rejection of valuation as DCF method was not there in rule 11UA on date of issue of shares unjustified

October 11, 2023 750 Views 0 comment Print

ITAT Delhi held that rejection of valuation merely on the ground that on the date of issue of shares, DCF method was not there in Rule 11UA of the ITAT Rules is unjustified in as much as AO failed to demonstrate that methodology adopted by the assessee was not correct.

Suspension of Customs Broker licence justified for facilitating fraudulent exports

October 11, 2023 636 Views 0 comment Print

CESTAT Ahmedabad held that in case of production of a new retail sale price, duty is to be calculated on pro-rata basis, in the present case only four days, when the production has taken place.

Duty to be calculated on pro-rata basis in case of production of new retail sale price

October 11, 2023 534 Views 0 comment Print

CESTAT Ahmedabad held that in case of production of a new retail sale price, duty is to be calculated on pro-rata basis, in the present case only four days, when the production has taken place.

Charged paid by Foreign Telecommunication Operators not taxable under telecommunication services

October 11, 2023 540 Views 0 comment Print

CESTAT Kolkata held that the charges paid for services rendered by the FTOs (i.e. Foreign Telecommunication Operators) cannot be taxed under head ‘telecommunication services’. Accordingly, demand set aside.

Maintenance charges from corporate members exempt based on principle of mutuality

October 11, 2023 750 Views 0 comment Print

ITAT Delhi held that maintenance charges received from corporate members is exempt on principle of mutuality. The said receipt doesn’t become taxable merely because it was subjected to deduction of tax at source.

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