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Order passed without considering documents furnished is liable to be remanded back

July 15, 2023 855 Views 0 comment Print

ITAT Mumbai remanded the matter to jurisdictional AO for de novo adjudication since the assessee was not able to furnish the documents at the time of assessment proceedings and the documents furnished before CIT(A) were not considered/ verified.

Interest reimbursement received under Technology Up-gradation Fund Scheme is capital receipt

July 15, 2023 468 Views 0 comment Print

ITAT Delhi held that TUFS (Technology Up-gradation Fund Scheme) was introduced by the Government to provide subsidy on loan taken for technological upgradation by the units in the textile industry and hence interest reimbursement received by the assessee is a capital receipt.

Provisions of section 2(15) doesn’t apply to corpus fund donation of a charitable institution

July 14, 2023 693 Views 0 comment Print

ITAT Visakhapatnam held that contributions received for charitable purpose cannot be treated as income u/s 2(24)(iia) of the Act and hence, the provision of section 2(15) do not apply to the corpus fund donations of a charitable institution.

Ex-parte order passed without considering submission is non-speaking order

July 14, 2023 2259 Views 0 comment Print

ITAT Jaipur held that ex-parte order passed without considering and dealing with the submission of the assessee is a non-speaking order. Accordingly, matter remanded.

Service tax under RCM not leviable for bank charges paid by Indian Bank to Foreign Bank

July 14, 2023 1059 Views 0 comment Print

CESTAT Ahmedabad held that as appellant is not a service recipient, service tax cannot be demanded from the appellant under reverse charge mechanism (RCM) in case of bank charges paid by Indian Bank to Foreign Bank and reimbursed from the appellant.

Withholding of seized gold in absence of any outstanding demand is unjustified

July 14, 2023 669 Views 0 comment Print

Gujarat High Court held that since the order passed by the Appellate Authority has attained finality and no demand is outstanding against the appellant, it is unjustified to withhold the seized gold. Accordingly, directed to release the remaining gold at the earlier.

Granite Slabs classifiable under 21561200

July 14, 2023 723 Views 0 comment Print

CESTAT Ahmedabad held that Granite Slabs is correctly classified under 21561200 and not under 68022390. Accordingly, the demand on this count is not sustainable hence, the same is set aside.

Demand time barred in absence of any willful suppression with intent to evade payment of duty

July 14, 2023 411 Views 0 comment Print

CESTAT Chennai held that as all the details are furnished based on which permission for DTA clearance was granted. Accordingly, allegation of willful suppression of facts with intent to evade payment of duty is without any factual basis. Hence demand set aside as time barred.

Duty demand alleging clandestine removal not supported with sufficient evidence is unsustainable

July 14, 2023 249 Views 0 comment Print

CESTAT Bangalore held that allegation of the department that the quantity of goods as shown in the purchase invoices were brought into the factory, processed, converted into finished goods and removed clandestinely without payment of duty are not supported with sufficient evidence are liable to be set aside.

Deduction u/s 80G duly allowable even if expense is incurred for CSR

July 14, 2023 1932 Views 0 comment Print

ITAT Mumbai held that the claim for deduction under section 80G of the Income Tax Act in respect of Corporate Social Responsibility (CSR) expenses cannot be denied.

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