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Micronutrients are classifiable under chapter heading 3105

October 19, 2022 966 Views 0 comment Print

CESTAT Hyderabad held that classifying micronutrients manufactured by the appellant, as plant growth regulators, under Chapter heading 38089304 instead of Chapter heading 3105 is unsustainable

Right to make copy of software would constitute ‘Royalty’ TDS deductible u/s 195

October 19, 2022 330 Views 0 comment Print

ITAT Ahmedabad held that the transfer of copyright including the right to make copy of software for international business, any payment made in that regard would constitute Royalty. Thus, TDS is deductible u/s 195 on the payment made by the assessee to the non-resident supplier.

Order passed u/s 220(6) of the Income Tax Act must be speaking order

October 19, 2022 2175 Views 0 comment Print

Madras High Court held that any order made under Section 220 (6) of the Income Tax must be a speaking order. Accordingly, impugned order set aside as being cryptic and non-speaking.

Confessional statement of other person cannot be base for clandestine removal

October 19, 2022 1440 Views 0 comment Print

CESTAT Ahmedabad held that allegation of clandestine removals based upon the confessional statement of other persons or the documents recovered from the third party premises, without corroboration of the said documents is unsustainable

An indemnity of obligation under agreement doesn’t constitute ‘Financial Debt’

October 19, 2022 2625 Views 0 comment Print

NCLT Mumbai held that obligations under the Undertaking do not attract the definition of financial debt. A fortiori, an indemnity of the obligations under the Agreement will equally not constitute a financial debt under Section 5(8) of the Code.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1269 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

Court direct proper officer to grant opportunity to petitioner to take all steps to revive GST registration

October 19, 2022 1506 Views 0 comment Print

Orissa High Court requested the proper officer to grant opportunity to the petitioner for taking all required step to revive registration and also permitted to pay pending GST tax and file the pending GST return prior to cancellation of GST registration u/s 29(2)(c).

Disallowance u/s 10B(7) r.w.s. 80IA(10) with material evidence is unsustainable

October 19, 2022 531 Views 0 comment Print

ITAT Pune held that AO had not brought any material indicating the existence of an arrangement between the assessee company and its foreign AE, as a result of which more profits than ordinarily have been produced to the assessee company. Hence, provisions of section 10B(7) r.w.s. 80IA have no application.

Alloy Steel Forging requiring further operation to be used as Rings for Bearing is classifiable under 7326

October 19, 2022 591 Views 0 comment Print

CESTAT Ahmedabad held that Alloy Steel Forging (machined) requires to undergo further operation to be ready to use as Rings for Bearing etc. Hence the same is classifiable under tariff heading 7326 Other Articles of Iron or Steel and not under chapter 84.

SVLDR Scheme Benefit cannot be denied for procedural technicalities

October 19, 2022 1413 Views 0 comment Print

Substantive benefit of Sabka Vishwas [Legacy Dispute Resolution] Scheme cannot be denied to the on the ground of procedural technicalities

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