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Employees’ contribution to PF deposited before filing of return is allowable deduction

August 18, 2022 2454 Views 0 comment Print

Held that disallowance u/s 36(1)(va) unsustainable as the amount of employees’ contribution to the provident fund deposited before filing of return.

Section 44DA not applicable when the amount received doesn’t qualify as royalty/ FTS

August 18, 2022 1758 Views 0 comment Print

Held that as the amount received by the assessee is not in the nature of royalty or FTS, section 44DA of the Income Tax Act will not apply.

Expenditure of telecommunication lines paid on monthly recurring basis are revenue in nature

August 18, 2022 696 Views 0 comment Print

Held that assessee incurs monthly recurring charges for telecommunication lines and since such expenditure doesnt bring any benefit of enduring nature the same are revenue in nature.

Addition based on baseless estimated past savings unjustified

August 17, 2022 1305 Views 0 comment Print

Held that estimating past savings as Rs. 6,00,000, without any basis, instead of Rs. 9,03,900 and also ignoring the evidences produced for the same. Addition of the same deleted.

Refractory bricks used for re-lining of furnace are eligible for EPCG scheme

August 17, 2022 2136 Views 0 comment Print

Held that refractory bricks required for re-lining of the furnace are covered within the definition of capital goods and hence eligible for EPCG scheme as per notification no. 102/2009- Cus dated 11.09.2009

Allegation of clandestine removal without corroborative evidence is unsustainable

August 17, 2022 1221 Views 0 comment Print

Held that allegation of clandestine removal only on the basis of incriminating statements, which were retracted, in absence of corroborative evidence is unsustainable.

Management support service allowable as business expenditure

August 17, 2022 1338 Views 0 comment Print

Held that payment towards management support services is allowable as business expenditure as the same is paid for smooth and effective running of the business.

Burden of proof lies on revenue for classifying goods under different heading

August 17, 2022 1413 Views 0 comment Print

Chandigarh CESTAT held that if the department intends to classify the goods under a particular heading different from that claimed by the assessee, the department has to adduce proper evidence and discharge the burden of proof.

Addition merely on the basis of declaration u/s. 132(4) is untenable in law

August 17, 2022 1632 Views 0 comment Print

Held that addition made merely on the basis of statement by one of the partners and without finding any incriminating material is untenable in law.

Imposition of penalty/ tax for failure to re-validate e-way bill without finding of evasion is unjustified

August 17, 2022 2148 Views 0 comment Print

Sanskruthi Motors Vs Joint Commissioner (Kerala High Court) Held that the officer was duty bound to consider the explanation offered by the petitioner for the expiry of the e-way bill. Hence, imposition of penalty/ tax on allegation that there was ample time to revalidate the e-way bill not justified as there was no finding of […]

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