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Section 115BBE doesn’t apply on excess stock found during search

August 11, 2023 1587 Views 0 comment Print

ITAT Indore held that excess stock was not kept separately and was part of business stock cannot be treated as deemed income u/s 69 or 69B of the Income Tax Act. Accordingly, provisions of section 115BBE of the Income Tax Act are not applicable on the surrendered income on account of excess stock found during the course of search.

Assessing share premium amount u/s 68 is unjustified

August 11, 2023 1146 Views 0 comment Print

ITAT Mumbai held that tax authorities cannot assessee share premium amount under section 68 of the Income Tax Act. Accordingly, addition made u/s 68 is liable to be deleted.

Disaster recovery playout services and up-linking services are not in nature of FTS under India-Singapore DTAA

August 10, 2023 396 Views 0 comment Print

ITAT Delhi held that receipts from disaster recovery playout services and disaster recovery up-linking services are not in the nature of Fee for Technical Service (FTS) as envisaged under Article 12(4)(a) of India-Singapore DTAA.

Section 29A(3) of A&C Act doesn’t require written consent for extending arbitral period

August 10, 2023 4200 Views 0 comment Print

Himachal Pradesh High Court held that under Section 29A(3) of the Arbitration and Conciliation Act (A&C Act), there is no requirement that consent of the parties has to be expressed and that too, in writing for extending the arbitral period.

Demand stayed as review petition pending before Supreme Court

August 10, 2023 2619 Views 0 comment Print

Bombay High Court granted the stay on customs demand on account of pending of the review petition before the Supreme Court in the case of Canon India Pvt. Ltd.

Activity of carrying out exams for university not covered under ‘management or business service’

August 10, 2023 369 Views 0 comment Print

Commissioner of Central Tax Vs MeritTrac Services Private Limited (CESTAT Bangalore) CESTAT Bangalore held that activity of carrying out the exams for university cannot be construed as rendering of ‘Management or Business Service’ to the universities without the assessee’s involvement in the execution of the conduct of the examination. Facts- The respondent are engaged in […]

Proceedings initiated u/s 13(4) of SARFAESI Act should be challenged before Debt Recovery Tribunal

August 10, 2023 6438 Views 0 comment Print

Himachal Pradesh High Court dismissed the petition stating that writ petition assailing initiation of proceedings under section 13(4) of SARFAESI Act is not maintainable as aggrieved party has a remedy of an appeal under Section 17 of SARFAESI Act to approach the Debt Recovery Tribunal.

Sale of tickets for cricket tournament not an exempted service hence no CENVAT reversal u/r 6(3)

August 10, 2023 1200 Views 0 comment Print

CESTAT Chennai held that sale of ticket for cricket tournament cannot be considered as an exempted service and therefore no Service Tax is required to be reversed in terms of Rule 6(3) (i) CENVAT Credit Rules, 2004.

TPO order passed beyond time limit prescribed u/s 92CA(3) is barred by limitation

August 10, 2023 2439 Views 0 comment Print

ITAT Mumbai held that as per section 92CA(3) TPO order should be passed before 60 days prior to the date prescribed u/s 153 of the Act. Accordingly, in present case, TPO order passed on 30/01/2015 instead of 29/01/2015 is non-est and liable to be quashed as being barred by limitation.

Benefit under SVLDRS available as tax quantified and paid on or before 30.06.2019

August 10, 2023 360 Views 0 comment Print

Gujarat High Court held that benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) duly available as tax was quantified on or before 30.06.2019. In fact, tax liability was duly discharged by the petitioner and communicated to the department vide letter dated 21.05.2019.

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