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Addition u/s 69C merely because assessee dealt with suspected scrips is unsustainable

May 8, 2023 1701 Views 0 comment Print

ITAT Mumbai held that merely because assessee has dealt with suspected scrips, addition u/s 69C is not justified as purchase and sale of scrips were through recognized stock exchange and payments were through banking channel only.

Benefit of Section 80 of TNGST not available in case tax dues are not paid

May 6, 2023 1650 Views 0 comment Print

Madras High Court held that the object of Section 80 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST) is only to benefit an assessee who has been complaint in effecting payment of the admitted tax. Benefit of section 80 not available in case of amount due as per the liability self-assessed in any return.

Section 40A(3) not applies to cash payments deposited in bank account of payee

May 6, 2023 9945 Views 0 comment Print

ITAT Kolkata held that provisions of section 40A(3) of the Income Tax Act doesn’t apply to cash payments when ultimately the amount is deposited in the bank account of the payee.

Deduction u/s 10B available against interest on bank deposits, receipts of subsidy and insurance claim

May 6, 2023 3450 Views 0 comment Print

ITAT Delhi held that interest on bank deposits, receipts of subsidy and insurance claim are eligible to be included in profits of 100% export oriented unit for purpose of claiming deduction under section 10B of the Income Tax Act.

No service tax payable on construction of flat which is for personal use of service recipient

May 6, 2023 972 Views 0 comment Print

CESTAT Chennai held that there is no Service Tax liability as and when the construction of flat is for the personal use of the service recipient.

No hard and fast rule can be laid down for fixing quantum of redemption fine

May 6, 2023 948 Views 0 comment Print

CESTAT Ahmedabad held that no hard and fast rule can be laid down for fixing quantum of redemption fine but the same has to be done, depending upon facts and circumstances of each case

Addition u/s 69C sustained as search in group concern proved maintaining of books of accounts outside regular books

May 6, 2023 1602 Views 0 comment Print

Supreme Court held that addition u/s 69C as unexplained income sustained as based on search conducted in group concern it was found that assessee was maintaining the books of accounts outside regular books.

Service tax not leviable on purchase of land from landowners and re-sale to Real Estate Developers

May 6, 2023 783 Views 0 comment Print

CESTAT Ahmedabad held that purchase of land from landowners and re-sale of the same to Real Estate Developers doesn’t fall under the category of ‘Real Estate Agency Service’ and hence not liable to service tax.

CENVAT Credit not deniable alleging supplier not liable to pay duty

May 6, 2023 1230 Views 0 comment Print

CESTAT Ahmedabad held that irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, CENVAT Credit not deniable once duty has been paid on the goods at the recipient end. In nut-shell, CENVAT not deniable on the ground that the supplier was not liable to pay duty on goods supplied.

Addition of unexplained closing cash balance unsustained as cash was generated from agricultural activity

May 6, 2023 828 Views 0 comment Print

ITAT Ahmedabad held that addition towards closing cash balance as unexplained cash credit u/s 68 unsustained as cash was generated from agricultural activity and revenue failed to discharge the onus of disproving the said contention of the assessee.

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