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Claim of exemption of LTCG u/s 10(38) allowable as requisite conditions satisfied

June 8, 2023 1920 Views 0 comment Print

ITAT Cuttack held that claim of exemption of long term capital gains (LTCG), from sale of equity shares, under section 10(38) of Income Tax Act, 1961 allowable as requisite conditions satisfied.

Celling of CENVAT rule 6(3)(c) not apply to capital goods & services specified under rule 6(5)

June 7, 2023 888 Views 0 comment Print

Held that the ceiling of 20% under Rule 6(3)(c) is not applicable to capital goods and 17 input services specified under Rule 6(5) of the CENVAT Credit Rules, 2004.

Deduction u/s 80P(2)(d) duly available on interest income earned from cooperative bank

June 7, 2023 5052 Views 0 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) of the Income Tax Act duly available on interest income earned from FDs and RDs invested with cooperative bank.

Demand without identifying common inputs used for taxable & exempted service is unsustainable

June 7, 2023 474 Views 0 comment Print

CESTAT Delhi held that confirmation of demand without identifying the common inputs used for both taxable as well as exempted services is unsustainable and liable to be quashed.

Denial of Exemption u/s 10(23C)(vi) justified as education not being the sole purpose

June 7, 2023 894 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 10(23C)(vi) of the Income Tax Act justified as assessee has been found to be not ‘existing’ solely for the purposes of education.

Provisional attachment u/s. 83 of CGST Act for securing revenue of another taxable person is unjustified

June 7, 2023 1164 Views 0 comment Print

Delhi High Court held that invocation of provisional attachment provisions u/s 83 of the CGST Act for securing the revenue of another taxable person (and not for the interest of government revenue) is unsustainable in law.

Deeming fiction of section 50C doesn’t apply in case of purchaser

June 7, 2023 1311 Views 0 comment Print

ITAT Indore held that the deeming fiction created in section 50C cannot be extended to the provision of section 69 or 69B or any other of the Act in the case of purchaser to make the purchaser liable for tax.

Reopening of proceedings u/s 147 sustainable as original return processed u/s 143(1)

June 7, 2023 864 Views 0 comment Print

ITAT Delhi held that as the original return was only processed u/s 143(1), AO can duly initiate re-opening of proceedings under section 147 of the Income Tax Act so as to bring the escaped income into tax.

Filing of B/E u/s 46 inapplicable for gold jewellery, exported for exhibition, being re-imported

June 7, 2023 525 Views 0 comment Print

Delhi High Court held that, in respect of gold jewellery, which was exported for exhibitions and re-imported into the country, the procedure of filing of a B/E, under Section 46 of the Customs Act, was inapplicable.

Penalty duly imposable as role of accused in providing inputs for arriving at rigged pricing proved

June 7, 2023 357 Views 0 comment Print

NCLAT Delhi held that role of company as well as the appellant in providing inputs for arriving at rigged pricing is somehow or the other proved. Accordingly, imposition of penalty by the Commission cannot be faulted.

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