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Expenditure towards helper allowance disallowed in absence of any supporting documents

December 18, 2023 741 Views 0 comment Print

ITAT Chennai held that disallowance of expenditure towards helper allowance claimed as deduction u/s. 10(14)(i) of the Income Tax Act rightly sustained as no supporting documents submitted.

Refund to be granted as order amending Bill of Entry had attained finality

December 18, 2023 555 Views 0 comment Print

CESTAT Delhi held that that refund has to be granted to the respondent as the order for amendment in the Bills of Entry had attained finality.

Upward adjustment rejected as reimbursement of AMP expenses incurred by Sony India for AE was at arm’s length

December 18, 2023 561 Views 0 comment Print

Delhi High Court held that upward adjustment advertising, marketing and promotion expenses (AMP) rejected as reimbursement of AMP expenses incurred by respondent (Sony India) on behalf of its AE was at arm’s length.

Bail application of accused involved in tax evasion by supplying goods without issue of invoice rejected

December 18, 2023 804 Views 0 comment Print

Kerala High Court held that bail application of petitioner involved in tax evasion of more than Rs. 6.5 crores on allegation of supply of goods without issuance of invoice rejected as such serious allegations needs thorough investigation.

Subsidy by State Government for development of new Multiplexes is capital in nature

December 18, 2023 570 Views 0 comment Print

ITAT Delhi held that incentive / subsidy given by state Governments on account of development of new Multiplexes in the state is capital receipt.

Condonation of delay in filing of appeal by revenue not granted as sufficient cause not shown

December 18, 2023 1959 Views 0 comment Print

Delhi High Court dismissed condonation of delay in filing of appeals by revenue in absence of any sufficient cause shown. Court observed that no action is taken against the officers who sit on files and do nothing under presumption that the court would condone delay in routine.

Education Cess not allowable expenditure u/s 37(1)

December 18, 2023 669 Views 0 comment Print

ITAT Kolkata held that education cess is not allowable expenditure under section 37(1) of the Income Tax Act.

Reopening beyond 4 years without any failure in disclosing material facts unsustainable

December 18, 2023 1176 Views 0 comment Print

ITAT Chennai held that reopening after expiry of 4 years, without establishing any failure on part of the assessee to disclose any material facts necessary for its assessment, is bad-in-law and liable to be quashed.

Input Tax Credit condition prescribed u/s. 16(4) of CGST Act is constitutionally valid

December 18, 2023 47253 Views 0 comment Print

Calcutta High Court held that registered person is entitled to Input Tax Credit only if conditions prescribed u/s. 16(2) of the Central Goods and Services Tax Act, 2017 are fulfilled. It includes time limit imposed via section 16(4). Accordingly, held that section 16(4) is not violative of Article 300A of the Constitution of India.

Taxpayer should be permitted to correct inadvertent error in Form GSTR-1

December 18, 2023 5811 Views 0 comment Print

Bombay High Court held that department should permit to correct any bonafide, inadvertent error incurred while furnishing details in Form GSTR-1 particularly when department is aware that there is no loss of revenue.

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