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Addition u/s 68 unsustainable as leased land not considered while assessing agricultural income

September 18, 2023 1182 Views 0 comment Print

ITAT Delhi held that addition under section 68 towards unexplained income unsustainable as AO failed to consider leased land while assessing the agricultural income.

Right to sue for damages is capital receipts hence not taxable

September 18, 2023 3270 Views 0 comment Print

ITAT Mumbai held that damage on account of right to sue is a capital receipt and accordingly not chargeable to tax.

Availment of Cenvat Credit and refund thereof doesn’t require registration of premises

September 18, 2023 1212 Views 0 comment Print

CESTAT Chandigarh held that the registration of the premises is not a pre-condition for availment of cenvat credit and thereof consequently the refund.

Departmental inquiry against government servant not treatable as casual exercise

September 18, 2023 1521 Views 0 comment Print

Allahabad High Court held that a departmental inquiry against government servant is not to be treated as a casual exercise and accordingly suspension of Assistant Commissioner of State Tax without merit is liable to be quashed.

AWS India liable to withhold 8% tax of remittance on account of reseller fee paid to AWS USA

September 18, 2023 1719 Views 0 comment Print

Delhi High Court held that Amazon Web Services India Pvt. Ltd. (AWS India) is liable to withhold 8% (instead of 16%) tax of remittance on account of reseller fee paid to AWS USA.

Amendment to Bill of entry invoking provisions of section 149 without documentary evidences untenable

September 18, 2023 5493 Views 0 comment Print

CESTAT Bangalore held that section 149 of the Customs Act, 1962 allows amendment of a Bill of Entry after the clearance of the goods only on the basis of documentary evidences which were in existence at the time the goods were cleared for home consumption. In absence of the same, the amendment is unjustified.

Undecided claims filed after resolution plan accepted by CoC untenable

September 18, 2023 690 Views 0 comment Print

Supreme Court held that a successful resolution applicant cannot be faced with undecided claims after the resolution plan has been accepted. Accordingly, claim filed after resolution plan accepted by CoC untenable.

Internal transfer between two EOUs eligible for exemption u/s 10B

September 16, 2023 804 Views 0 comment Print

ITAT Mumbai held that the amount of internal transfer between two EOUs of the assessee is to be considered for the purpose of arriving at the profit eligible for exemption under section 10B of the Income Tax Act.

Reassessment proceeding based on other officer’s information without cogent material unjustified

September 16, 2023 1302 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s 147 of the Income Tax Act merely on the basis of information from other officer without cogent and demonstrable material unjustified.

Duty demand alleging sealed/uninstalled packing machine available in factory unsustainable

September 16, 2023 579 Views 0 comment Print

CESTAT Mumbai held that duty liability in terms of Chewing tobacco & Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010 unsustainable merely alleging that sealed/uninstalled packing machine is available in the factory premises.

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