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HC directs dept to reconsider application under Karasamadhana Scheme

June 17, 2023 759 Views 0 comment Print

Karnataka High Court set aside the endorsement and directed the authority to reconsider the application under Karasamadhana Scheme

Formula under rule 6(3A) includes only total CENVAT Credit on common input services

June 17, 2023 507 Views 0 comment Print

CESTAT Chennai held that total CENVAT credit for the purpose of formula under Rule 6 (3A) is only the total cenvat credit on common input services and will not include CENVAT credit on input / input services exclusively used for the manufacture of dutiable goods.

Certificate issued by Cost Accountants needs to be accepted by department unless held doubtful

June 17, 2023 990 Views 0 comment Print

CESTAT Ahmedabad held that certificate issued by qualified professionals like Cost Accountants cannot be brushed aside merely with the statement that corroborative evidence was not produced. Such certificates are needed to be accepted by the department unless investigation is undertaken in doubtful cases.

License fee based on turnover and profit not equated as regular rent is not taxable under ‘renting of immovable property’

June 17, 2023 1314 Views 0 comment Print

CESTAT Chennai held that license fee are accruing to appellants is based on the turnover and profits of the hotel business. Accordingly, such transaction cannot be one of ‘renting of immovable property’ as the consideration is not like a regular rent but is dependent on the annual performance and profits of the hotel.

Proceedings u/s 153A can be initiated only based on incriminating materials found during search of assessee’s premises

June 16, 2023 3003 Views 0 comment Print

ITAT Ahmedabad held that in the proceedings under section 153A of the Act, the assessment can only be made based on incriminating materials found/ collected during the search from the premises of the assessee. Addition unsustainable no material of incriminating nature was found from the premises of the assessee.

Claim of eligibility u/s 29A of IBC duly rejected as MSME certificate obtained subsequent to initiation of CIRP

June 16, 2023 2253 Views 0 comment Print

NCLAT Chennai held that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A of the Insolvency and Bankruptcy Code, 2016.

Referring to TPO u/s 92CA invalid post omission of clause (i) of Section 92BA

June 16, 2023 1143 Views 0 comment Print

ITAT Jaipur held that referring impugned domestic transaction to TPO u/s 92CA is invalid in view of omission of clause (i) of section 92BA vide Finance Act, 2017.

Review petition dismissed as notices issued u/s 148 had valid base for triggering an enquiry

June 16, 2023 639 Views 0 comment Print

Delhi High Court held that it cannot be said that the notices issued u/s 148 of the Income Tax Act had no basis for triggering an enquiry, and therefore, were invalid. Accordingly, review petition dismissed.

Registration u/s 12AA granted to trust created for managing statutory obligation of employees of parent trust

June 16, 2023 648 Views 0 comment Print

ITAT Delhi held that registration u/s 12AA to trust created for managing the statutory obligations of employees of the parent trust is granted as the same falls within the ambit of advancement of general public utility and, hence, to be considered as a charitable activity as defined u/s 2(15) of the Act.

Deduction u/s 80P(2)(d) is available on entire interest income which includes amount credited to balance sheet

June 16, 2023 1224 Views 1 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) is allowable on the entire interest income received by the assessee from the Co-operative bank which includes the amount credited to the balance sheet.

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