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Addition u/s 68 unsustainable as documentary evidences furnished not proved to be defective

November 4, 2023 2349 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act rightly deleted by CIT(A) as documentary evidences proving identity, creditworthiness of the parties and genuineness of the transaction were not proved to be defective by revenue.

Reversal under rule 6(3) of CCR, 2004 doesn’t apply when CENVAT attributable to non-excisable goods not availed

November 4, 2023 585 Views 0 comment Print

CESTAT Kolkata held that provisions of rule 6(3) of the CENVAT Credit Rules, 2004 is not applicable when CENVAT Credit attributable to non-excisable goods not availed. Accordingly, demand set aside.

Foreign Tax Credit claim vis-à-vis furnishing of Certificate or Statement along with Form No. 67 to be verified

November 4, 2023 1071 Views 0 comment Print

ITAT Pune restored the matter back to the file of AO for examining the claim of Foreign Tax Credit of the assessee vis-à-vis furnishing of the Certificate or Statement as per Rule 128(8)(ii) along with Form No. 67.

Triggering of re-assessment proceedings on matter for which AO had already formed an opinion is untenable

November 4, 2023 816 Views 0 comment Print

Delhi High Court held that it is settled legal position that re-assessment proceedings under section 148 of the Income Tax Act cannot be triggered on the aspects which AO has already formed an opinion. Accordingly, notice issued u/s 148 set aside.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 1668 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

Order passed without considering reply results into non-speaking order hence matter remanded

November 3, 2023 8484 Views 0 comment Print

Madras High Court remanded the matter back to the Assessing Officer since Assessing Officer failed to consider the reply/ objections made by the petitioner. Passing of order without considering the reply/objection results into non-speaking order.

CENVAT admissible: Manufacturing Includes Blackening, Buffing, Inspection, Packing, etc.

November 3, 2023 789 Views 0 comment Print

CESTAT Bangalore held that various processes i.e. blackening, buffing, final inspection, packing etc. carried out on the inputs results into manufacture. Accordingly, CENVAT Credit on duty paid on inputs is admissible.

Service Tax Exempt for Admission/Enrollment Fees from Prospective Club Members

November 3, 2023 966 Views 0 comment Print

CESTAT Bangalore held that admission/ enrolment fee collected from prospective members of the club cannot be subjected to levy of service tax under the category of ‘Club or Membership Association Services’.  Accordingly, demand of service tax set aside.

Business Use of Travel Agency and Broadband Services Qualifies for CENVAT

November 3, 2023 699 Views 0 comment Print

CESTAT Chandigarh held that Travel Agency Service, AMC Photocopy Machines and Broadband services used for the purpose of business and not for any personal use is eligible for CENVAT Credit.

HC acquits CA in misconduct case for delay & lack of evidence

November 3, 2023 2349 Views 0 comment Print

Bombay High Court acquits CA Gordhanbhai Madhabhai Savalia, citing inordinate delay, lack of evidence, and legal complexities in professional misconduct case.

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