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Denial of pre-operative expenses intricate to nature of business activity is unsustainable

July 8, 2023 309 Views 0 comment Print

ITAT Delhi held that denial of pre-operative expenses like brokerage and commission expenses, business promotion expenses, vehicle running expenses, etc. intricate to the nature of business activity is unsustainable.

Omission of claiming long term capital loss in original return not bona fide so claim via revised return allowable

July 8, 2023 1116 Views 0 comment Print

ITAT Pune held that omission of claiming long term capital loss at the time of filing of original return was not bona fide. Accordingly, rejection of claim of the same in revised return unsustainable in the eyes of law.

Remuneration as per Office Memorandum dated 30.11.2018 payable to Company Secretary attached with office of Official Liquidator

July 8, 2023 882 Views 0 comment Print

Gujarat High Court held that the Company Secretary attached with the office of the Official Liquidator shall be henceforth entitled to be paid remuneration in terms of the Office Memorandum dated 30.11.2018.

Suspension of Customs Broker Licence without affording adequate opportunity of being heard is unjustified

July 8, 2023 3006 Views 0 comment Print

Andhra Pradesh High Court held that order for continuing the suspension of Customs Broker Licence without affording adequate opportunity of being heard is against the principles of natural justice. Writ disposed off with direction to submit written explanation within specified time.

Demand of service tax unsustainable as Konkan & Indian Railways are not separate entities

July 8, 2023 738 Views 0 comment Print

CESTAT Mumbai held that appellant i.e. Konkan Railway Corporation Ltd. and Indian Railways are not separate entities and hence demand of service tax is unsustainable.

Declared transaction value cannot be rejected without cogent reasons prescribed in Customs Valuation Rules

July 8, 2023 1305 Views 0 comment Print

CESTAT Ahmedabad held that the transaction value declared by the importer should form the basis of assessment unless the same is rejected, for reasons set out in Rules of Customs Valuation Rules.

Directions issued by superior authorities are binding on Assessing Officer

July 8, 2023 1578 Views 0 comment Print

ITAT Delhi held that directions issued by a superior appellate authorities are binding on the Assessing Officers and Assessing Officer is required to strictly follow the directions of the appellate authorities and decide the issue as per the directions of the appellate authorities.

Penalty u/s 271D and 271E leviable as reasonable cause for accepting loan and advances in cash not explained

July 7, 2023 912 Views 0 comment Print

ITAT Chennai held that penalty u/s 271D and 271E of the Income Tax Act duly leviable as reasonable cause for accepting loans and advances in cash in contravention of provisions of Sec.269SS & 269TT not explained.

Service tax not payable on construction service to Municipal Corporation under Jawaharlal Nehru National Urban Renewal Mission

July 7, 2023 1506 Views 0 comment Print

CESTAT Ahmedabad held that services of Construction of residential complex to the Municipal Corporation of Surat under Jawaharlal Nehru National Urban Renewal Mission which is not liable to service tax.

Transportation of mineral taxable under ‘GTA service’ and not ‘mining service’

July 7, 2023 1122 Views 0 comment Print

CESTAT Delhi held that services such as handling and transportation of mineral from pithead to specific locations would be a post-mining activity and would be taxable under cargo handling service or GTA service and not under mining services

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