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Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

September 9, 2023 843 Views 0 comment Print

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

Notification no. 14/2022-Central Tax inserting explanation in rule 89 of CGST Rules has prospective effect

September 9, 2023 2049 Views 0 comment Print

Jharkhand High Court held that the explanation inserted in Rule 89 (4) of CGST Rules, 2017 vide Notification No. 14/2022-Central Tax dated 05.07.2022 is not clarificatory in nature and thus will have a prospective effect.

Addition u/s 56(2)(x) of Income Tax Act in casual manner unsustainable

September 9, 2023 4545 Views 0 comment Print

ITAT Surat held that addition under section 56(2)(x) on the Income Tax Act unsustainable as addition made in casual manner without considering payment made on account of various amenities.

Foreign tax credit eligible as form no. 67 filed before processing return

September 9, 2023 1509 Views 0 comment Print

ITAT Mumbai held that as Form No. 67 has been filed by the Appellant before the processing the return of income under Section 143(1) of the Income Tax Act, foreign tax credit is duly eligible.

Omission of registration number purposefully makes invoice inadmissible document

September 9, 2023 501 Views 0 comment Print

CESTAT Mumbai held that as registration numbers were purposefully omitted, accordingly, the genuineness of the invoices are doubtful, the invoices are categorized as inadmissible document.

Cenvat eligible on material used in manufacture of barge which in-turn are used for providing output service

September 9, 2023 291 Views 0 comment Print

CESTAT Ahmedabad held that Cenvat Credit is admissible on any material used for construction of building or fabrication of any equipment which in turn used for providing output taxable service. Cenvat on material used in the manufacture of barges which are used for providing output service is admissible.

Disallowance of loss claimed u/s 41 in hypothetical way needs fresh examination

September 9, 2023 687 Views 0 comment Print

ITAT Kolkata held that disallowance of loss claimed by the assessee under section 41 of the Income Tax Act in a hypothetical way is unjustified and accordingly matter set aside for afresh examination.

Removal of scrap generated during manufacture without payment of duty for job work justified

September 7, 2023 630 Views 0 comment Print

CESTAT Chandigarh held that scrap generated during manufacture can be removed without payment of duty for job work and can be used as inputs.

Addition not sustained as non-accounting of expired stock doesn’t impact profitability

September 7, 2023 564 Views 0 comment Print

ITAT Chandigarh held that mere non-accounting of the expired stock as part of the opening stock would not have any impact on the profitability. Accordingly, addition thereof is liable to be deleted.

Penalty imposed u/s 270A is appealable before CIT(A)

September 7, 2023 6966 Views 0 comment Print

ITAT Raipur held penalty imposed u/s. 270A of the Income Tax Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Income Tax Act.

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