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Order dispatched beyond prescribed time limit is barred by limitation

September 19, 2023 1824 Views 0 comment Print

ITAT Delhi held that the date of dispatch from the adjudicating officer is relevant for determining the limitation period. Accordingly, assessment order dispatched beyond time limit prescribed u/s. 153(1) is barred by limitation.

Customs duty is payable on actual quantity of crude oil received into shore tank

September 19, 2023 378 Views 0 comment Print

CESTAT Ahmedabad held that actual oil quantity physically received into the shore tank should be taken as the basis for payment of duty at the time of ex-bond bills of entry.

Deeming section 69 doesn’t apply when source of surrendered income proved to be business income

September 19, 2023 1167 Views 0 comment Print

ITAT Amritsar held that once source of surrendered income is proved to be business income, the same cannot be taxed as deemed income under section 69 read with section 115BBE of the Income Tax Act.

Non-restoration of GST registration alleging non-filing of requisite form for change of address untenable

September 19, 2023 774 Views 0 comment Print

Delhi High Court held that non-restoration of GST registration alleging non-filing of requisite form for change of place of business untenable as the same was not ground on which GST registration of the petitioner was cancelled in the first place.

Interest demand cannot sustain in absence of tax liability

September 19, 2023 888 Views 0 comment Print

CESTAT Chennai held that as there is no tax liability on the advance amount received by the appellant, demand of interest thereon unsustainable.

Addition u/s 68 unsustainable as leased land not considered while assessing agricultural income

September 18, 2023 621 Views 0 comment Print

ITAT Delhi held that addition under section 68 towards unexplained income unsustainable as AO failed to consider leased land while assessing the agricultural income.

Right to sue for damages is capital receipts hence not taxable

September 18, 2023 1887 Views 0 comment Print

ITAT Mumbai held that damage on account of right to sue is a capital receipt and accordingly not chargeable to tax.

Availment of Cenvat Credit and refund thereof doesn’t require registration of premises

September 18, 2023 696 Views 0 comment Print

CESTAT Chandigarh held that the registration of the premises is not a pre-condition for availment of cenvat credit and thereof consequently the refund.

Departmental inquiry against government servant not treatable as casual exercise

September 18, 2023 1002 Views 0 comment Print

Allahabad High Court held that a departmental inquiry against government servant is not to be treated as a casual exercise and accordingly suspension of Assistant Commissioner of State Tax without merit is liable to be quashed.

AWS India liable to withhold 8% tax of remittance on account of reseller fee paid to AWS USA

September 18, 2023 1041 Views 0 comment Print

Delhi High Court held that Amazon Web Services India Pvt. Ltd. (AWS India) is liable to withhold 8% (instead of 16%) tax of remittance on account of reseller fee paid to AWS USA.

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