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Addition brushing aside Certificate issued by DDIT (Exemptions) is untenable in law

January 12, 2023 474 Views 0 comment Print

ITAT Delhi held that addition on the allegation of non-deduction of TDS unsustainable as AO failed to point out on which payments the assessee had not deducted TDS. Also, the claim of the assessee is supported by the certificate issued by the DDIT (Exemptions).

Rule of consistency cannot be followed due to leakage of revenue

January 12, 2023 675 Views 0 comment Print

ITAT Delhi held that rule of consistency cannot be followed when the assessee has not discharged its onus and there is leakage of revenue.

VKC Footsteps judgment followed for refund of zero-rated supplies under rule 89(4)

January 12, 2023 4728 Views 0 comment Print

Orissa High Court held that Court does not consider it expedient to go beyond what is stated in Union of India Vrs. VKC Footsteps India Pvt. Ltd., (2022) 2 SCC 603 for the purpose of ascertaining quantum of refund in case of zero-rated supplies as prescribed under Rule 89(4) of the GST Rules .

Sufficiency/ correctness of material relied by AO for re-opening not to be considered

January 12, 2023 1008 Views 0 comment Print

Gujarat High Court held that when AO has reason to believe and have prima facie material for commencement of re-assessment proceedings, sufficiency/ correctness of the material is not a thing to be considered. Reopening justified.

Sikko Sol not used in Automobile not classifiable under 2710 12 13

January 12, 2023 486 Views 0 comment Print

CESTAT Kolkata held that Sikko Sol no used in Automobile and hence not classifiable under tariff item 2710 12 13 of CETA 1985 hence duty demand thereon unsustainable.

Disallowance u/s 14A restricted to amount of exempt income

January 12, 2023 1908 Views 0 comment Print

ITAT Bangalore held that disallowance under section 14A of the Income Tax Act is restricted to the amount of exempt income earned by the assessee.

Expense deducted from export turnover should be deducted from total turnover for computing deduction u/s 10A

January 12, 2023 492 Views 0 comment Print

ITAT Chennai held that while computing deduction under section 10A of the Income Tax Act expenses deducted from export turnover needs to be deducted from total turnover.

Enhancement of sentence based on statement of acquitted co-accused unjustified

January 11, 2023 1095 Views 0 comment Print

Punjab & Haryana High Court held that as the initial recovery against the co-accused stands acquitted, enhancement of sentence of the petitioner who was nominated on their statements becomes unsustainable in law.

Disallowance of marketing and survey expenses unsustainable as identity of party is proved

January 11, 2023 1005 Views 0 comment Print

ITAT Jaipur held that disallowance of marketing and survey expenditure merely because of non-production of the concerned party whose identity is proved is unsustainable in law.

Repatriation of sale proceeds of export expiry with statutory period of six months

January 11, 2023 1362 Views 0 comment Print

Calcutta High Court held that conjoint reading of section 18(1)(c) and section 18(1)(a) of the Foreign Exchange Regulation Act, 1973 definitely propagate that the duty to get the sale proceeds of export to be repatriated expiry with the statutory period of six months.

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