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Interest earned from nationalized banks not allowable as deduction u/s 80P

July 18, 2023 2514 Views 0 comment Print

ITAT Ahmedabad held that deduction under Section 80P of Income Tax Act, 1961 not allowable on interest income earned from the nationalized banks.

Licence fee not includible to transaction value when it is not a condition of sale

July 18, 2023 1380 Views 0 comment Print

CESTAT Chennai held that the licence fee is includible in transaction value only when licence fee is paid as condition of sale. Accordingly, licence fee cannot be included to the transaction value when the same is not a condition of sale.

Reopening u/s 148 unsustainable as relevant income already reflected in return

July 18, 2023 2016 Views 0 comment Print

Gujarat High court held that reasons recorded while issuing notice u/s 148 was that capital gain on sale of property was not reflected in return and hence income has escaped assessment. However, factually, capital gain was already reflected in the return and hence it cannot be said that income chargeable to tax has escaped assessment and hence reopening unsustained.

No Service Tax on Consulting Engineering Service for Road Construction in J&K

July 18, 2023 1320 Views 0 comment Print

CESTAT Delhi held that the service tax is not applicable to the services provided in the State of J&K irrespective of the service provider being from the said State or otherwise. Accordingly, service tax is not leviable on Consulting Engineering Services rendered to the clients for construction of road in the State of J&K.

Registration u/s 12A granted as activities of plastic waste management is covered within limb of ‘Charitable Purpose’

July 18, 2023 1674 Views 0 comment Print

ITAT Chandigarh held that the objective relating to plastic waste management are charitable and activities of Assessee society are genuine as provided u/s 12AA of the Income Tax Act. Accordingly, it is directed to grant registration u/s 12A to the Assessee society.

Reopening of assessment before disposing of objections filed by assessee is unsustainable

July 18, 2023 1989 Views 0 comment Print

ITAT Mumbai held that reopening of assessment prior to disposing of the objections filed by the assessee is unsustainable and bad-in-law.

Refund of cess on Oil Industry Development Cess available as burden not passed on to buyer

July 18, 2023 1731 Views 0 comment Print

CESTAT Chennai held that refund claim of Education Cess (EC) and Secondary and Higher Education Cess (SHEC) on Oil Industry Development Cess (OID Cess) u/s 11B of the Central Excise Act, 1944 duly available as proved that burden of OID cess is not passed on to the buyer.

Rejection of books of accounts merely because of lower gross profit rate is unsustainable

July 18, 2023 2850 Views 0 comment Print

Explore the ITAT Pune ruling on ACIT vs. Omshree Agrotech. Learn why rejection of books under section 145(3) based on gross profit rates is deemed unjustified.

Mere Chartered Accountant’s certificate without documentary evidence is not sufficient for duty treatment of obsolete stock

July 18, 2023 1578 Views 0 comment Print

CESTAT Mumbai in the matter of obsolete stock usage vis-à-vis reversal of CENVAT Credit or discharge of duty u/r 3(5B), it is held that mere Chartered Accountant’s certificate without documentary evidence is not sufficient. Matter remanded for the purpose of producing documentary evidence.

Exemption under 12/2012-CE available to aluminium structures and fabricated items used as towers of wind turbines

July 18, 2023 846 Views 0 comment Print

CESTAT Chennai held that aluminium structures and fabricated items used as towers are integral part of Wind Turbines or Wind Operated Electricity Generators (WOEG) so as to be eligible for exemption under Notification No.12/2012-CE dated 17.03.2012.

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