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Transaction of purchase/ sale of liquor by Corporation not covered under ‘Business Auxiliary Services’

July 7, 2023 450 Views 0 comment Print

CESTAT Delhi held that the transaction of purchase and sale of liquor by the Corporation will not fall within the ambit of ‘Business Auxiliary Services’ and would, therefore, not be taxable.

Re-assessment order passed against a non-existent entity is bad-in-law

July 7, 2023 5628 Views 0 comment Print

ITAT Delhi held that reassessment order u/s 147 of the Income Tax Act against a non-existent entity is bad in law and vitiated & nullity.

Addition in absence of any incriminating material found during search is unsustainable

July 6, 2023 1287 Views 0 comment Print

ITAT Delhi held that addition made by the A.O. in the absence of any incriminating material found during the search operation conducted u/s 132 of the Income Tax Act is liable to be deleted.

Reasonable addition estimated on the basis of 5% bogus purchase sustained

July 6, 2023 1473 Views 0 comment Print

ITAT Mumbai held that reasonable amount of addition should be made in case of bogus purchase. Accordingly, CIT(A) has justifiably made addition on the reasonable estimate basis @ 5% of the bogus purchase.

Reopening of assessment unjustified as no failure to disclose full and true material facts

July 6, 2023 1131 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act unjustified in absence of failure on the part of the assessee to disclose fully and truly all the material facts.

Maintenance and security of documents is covered under ‘Maintenance, Management or Repair’ service

July 6, 2023 651 Views 0 comment Print

CESTAT Delhi held that maintenance charges towards the maintenance of documents and towards the security of documents by keeping the same at the premises of the appellants is rendering of service of ‘Maintenance, Management or Repair Service’ and hence demand confirmed.

Penalty u/s 271D imposed without any satisfaction is unsustainable

July 6, 2023 1977 Views 0 comment Print

ITAT Delhi held that penalty u/s 271D of the Income Tax Act is without any satisfaction and, therefore, no such penalty can be levied. Accordingly, penalty u/s 271D quashed.

Sales tax exemption via certificate from Commissioner of Tourism cannot be rescinded before expiry of eligibility period

July 6, 2023 519 Views 0 comment Print

Karnataka High Court held that exemption certificate from the Commissioner of Tourism, Government of Kerala exempting payment of sales tax is valid for 7 years and could not have been rescinded before the period of eligibility expired as it is sovereign assurance.

Discrediting assessee’s valuation report without substantial reasons and without calling for DVO report is unjustified

July 6, 2023 651 Views 0 comment Print

ITAT Delhi held that failure to call for DVO report and discrediting the valuation report of the assessee without substantial reasons is unsustainable and bad in law.

Delhi Municipal Corporation Act, 1957 doesn’t levy of tax on professional activity carried out from residential building

July 6, 2023 1227 Views 0 comment Print

Delhi High Court held that as Delhi Municipal Corporation Act, 1957 doesn’t include ‘professional activity’ of lawyers as ‘commercial activity’. Accordingly, under the DMC Act there is no power to tax ‘professional activity’ carried out from residential building.

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