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Addition under Income Tax unsustainable as it based on excise department’s finding later decided in favor of assessee

January 3, 2023 726 Views 0 comment Print

ITAT Delhi held that addition in Income Tax proceedings is liable to be set aside as the addition was made on the basis of the finding of Central Excise Department which was eventually decided in favor of the assessee.

Conversion of free shipping bills to Advance Authorization allowable on satisfying circular 36/2010 conditions

January 3, 2023 1074 Views 0 comment Print

CESTAT Chennai held that conditions as prescribed under Board’s Circular No. 36/2010 dated 23.09.2010 is duly complied and accordingly conversion from free shipping bills to Advance Authorization shipping bills needs to be allowed.

Contract entered after 01.03.2015 are not eligible for exemption u/s 102 of the Finance Act, 1994

January 3, 2023 2034 Views 0 comment Print

P. Natesan & Co. Vs Commissioner of GST & Central Excise (CESTAT Chennai) CESTAT Chennai held that exemption of service tax as per section 102 of the Finance Act, 1994 is available only if the contract is entered prior to 01.03.2015. Here, contract is entered on 19.03.2015 and hence exemption not available. Facts- The appellant […]

Interest on funds borrowed for business project is allowable u/s 36(1)(iii)

January 3, 2023 876 Views 0 comment Print

ITAT Mumbai held that the interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act as the funds were borrowed for the purpose of construction project.

Order not clarifying on the fundamental charge is liable to be set aside

January 3, 2023 222 Views 0 comment Print

CESTAT Ahmedabad held that main allegation of manipulation of final boiling point in the test report vis-à-vis- classification of product thereof not clarified in the order Hence impugned order cannot be sustained as all the charges flow from fundamental charge of manipulating test report.

Refund claim granted based on CA certificate

January 3, 2023 819 Views 0 comment Print

CESTAT Chennai held refund claim of service tax paid by mistake eligible as Chartered Accountant certificate stated that the statutory records are examined and the incidence of duty has not been passed on, accordingly doctrine of unjust enrichment doesn’t apply.

Benefit u/s 54 available as total capital gain utilized for acquisition of new house

January 3, 2023 330 Views 0 comment Print

ITAT Delhi held that benefit u/s 54 of the Income Tax Act duly available the amount equivalent to the capital gains has been utilized for acquisition of new house

Concept of deemed registration of trust not prevailing under Income Tax Act

January 2, 2023 1020 Views 0 comment Print

ITAT Surat held that there is no specific provision in the Income Tax Act that non-deciding the registration application under Section 12AA within a period of six months there shall be a deemed registration.

Typographical error should be rectified via rectification application u/s 154

January 2, 2023 3567 Views 0 comment Print

ITAT Delhi held that typographical error is to be rectified by filing a rectification application under section 154 of the Income Tax Act and not by preferring an appeal.

Penalty u/s 271(1)(c) not leviable as tax assessed is equal to TDS deducted

January 2, 2023 2766 Views 0 comment Print

ITAT Chandigarh held that as tax finally assessed would be equal to the tax deducted at source and hence there is no basis for levy of penalty u/s 271(1)(c) of the Income Tax Act.

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