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Demand unsustainable under Business Support Services in absence of outsourced services

June 14, 2023 672 Views 0 comment Print

CESTAT Mumbai held that as appellant had not outsourced services to the overseas entity, it cannot be said that services provided by overseas entity should be taxed under Business Support Service.

Activity of loading, transporting and unloading is covered within Cargo Handling Services

June 14, 2023 837 Views 0 comment Print

CESTAT Chennai held that activity of loading cement, transporting to the godown and unloading the same is covered within the scope of Cargo Handling Service. Accordingly, service tax demand sustained.

HC provides Guidelines for calculation of tax difference in works contract executed prior to introduction of GST

June 14, 2023 5592 Views 1 comment Print

Karnataka High Court provided directions/ guidelines for calculation of tax difference on contract value in respect of works contracts executed prior to 01.07.2017 under Karnataka Value Added Tax Act, 2003 and completed after introduction of GST i.e. after 01.07.2017

Amount transferred to reverse fund is to be included for computation of income of NBFC

June 14, 2023 1347 Views 0 comment Print

ITAT Kolkata held that amount meant to be transferred to reserve fund, as per section 45-IC of the RBI Act, very well falls in the definition of income of the assessee and accordingly, such amount is to be included for the purpose of computation of income under the Income Tax Act.

Appeal before NCLT not maintainable as appellant is not member of the company

June 14, 2023 939 Views 0 comment Print

NCLAT Delhi held that an appeal under the Companies Act, 2013 would be available to a ‘person’ who is either a ‘Member’ of the Company or a ‘Creditor’ or a ‘Director’. Since, appellant is none of these, appeal before NCLT is not maintainable.

Addition of deemed dividend in the hands of non-shareholders is unsustainable

June 14, 2023 885 Views 0 comment Print

ITAT Ahmedabad held that addition on account of deemed dividend as per section 2(22)(e) of the Act unsustainable in the hands of non-shareholders.

Addition towards bogus purchases unsustainable if bogus purchases shows higher gross profit than regular

June 14, 2023 1368 Views 0 comment Print

ITAT Mumbai held that addition towards bogus purchases unsustainable if the alleged bogus purchases show gross profit higher than the regular gross profit.

Deduction u/s 54B allowable even if nature of land converted to non-agriculture just before transfer

June 14, 2023 1854 Views 0 comment Print

ITAT Surat held that deduction under section 54B duly allowable in case the nature of land was converted from agriculture to non-agriculture purpose just before transfer of land.

Joint ownership cannot stand in way of claiming exemption u/s 54F

June 14, 2023 2994 Views 0 comment Print

ITAT Mumbai held that that the joint ownership of the property would not stand in the way of claiming exemption under Section 54F of the Income Tax Act.

Increase in business income due to addition of concealed production not eligible for deduction u/s 80IB

June 14, 2023 600 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80IB of the Income Tax Act, in respect of increased business income due to addition on account of concealed production, is not allowable.

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