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Time for which interim orders were operable should be excluded from timeframe provided in Rule 18 of ADD Rules

July 27, 2023 1014 Views 0 comment Print

Delhi High Court held that notification dated 05.04.2021 cannot be said as void in law as time for which the interim orders were operable has to be excluded from the timeframe provided in Rule 18 of of the Customs Tariff (Identification, Assessment and Collection of AntiDumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (AAD Rules).

Rejection of special audit report of special auditor on flimsy ground is incorrect

July 27, 2023 1125 Views 0 comment Print

ITAT Chennai held that rejection of special audit report of the special auditor appointed in terms of section 142(2A) of the Income Tax Act on flimsy grounds without any finding as to how observation of the special auditor is incorrect.

Calibration tests and upgradation/ configuration as per customer’s requirement doesn’t amount to manufacture

July 27, 2023 309 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Subsequent suspension cannot affect duty free import as DFIA license was valid at the time of import

July 27, 2023 585 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Addition solely based on mismatch between receipts in P&L and in 26AS unsustainable

July 27, 2023 2439 Views 0 comment Print

ITAT Delhi held that addition merely on the sole basis that there was mismatch between TDS certificate/26AS and the turnover/receipts shown by the assessee in its P&L account unsustainable as difference successfully established.

OVAT Act: Automatic ATS Control Panel & Motor Starter Panel Board are ‘Accessories’

July 27, 2023 1116 Views 0 comment Print

Orissa High Court held that 150 HP Fully Automatic ATS (Auto-Transformer Starter) Control Panel, Motor Starter Panel Board and other Control Panel is comprehended in the term “accessories” under OVAT Act which attracts a rate of tax @ 4% for the tax periods prior to 01.04.2012 and @5% for the tax periods commencing from 01.04.2012 to the periods of assessment.

Disallowance towards investment made out of interest free own funds unjustified

July 27, 2023 558 Views 0 comment Print

ITAT Delhi held that disallowance u/s 37(1) of the Income Tax Act towards investment made out of interest free own funds available with the assessee is unjustifiable and hence deleted.

Justified Invocation of Section 263: No Enquiry or Verification

July 27, 2023 1401 Views 0 comment Print

ITAT Raipur held that invocation of section 263 of the Income Tax Act justified as AO passed the order without making any enquiry or verification and hence such order passed is deemed to be erroneous and prejudicial to the interest of revenue.

Service tax paid on services received from overseas service providers in foreign countries duly refundable

July 27, 2023 1050 Views 0 comment Print

CESTAT Mumbai held that service tax paid on services received from overseas service providers in foreign countries duly refundable as the same cannot be fastened with the liability of service tax as a ‘deemed service provider’ in India.

Taxation of commission Receivable in the Accrual Year

July 27, 2023 936 Views 0 comment Print

ITAT Raipur held that once it is established that the commission income were receivable, the said commission income is liable to be brought to tax in the year in which the same has been accured.

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