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Department cannot decide title of goods, when no one is disputing ownership

May 9, 2023 849 Views 0 comment Print

CESTAT Ahmedabad held that department cannot self assign to itself the duty of declaring bad in law the certificate issued to the importer by Ministry of Renewable Energy or decide title of the goods, even when no one is disputing ownership.

Rent including service tax paid for the business purpose is allowable u/s 30

May 9, 2023 1533 Views 0 comment Print

ITAT Delhi held that rent including service tax on rent paid for the purpose of business is allowable under section 30 of the Income Tax Act.

Authority duty bound to refund excess duty paid because of an error in EDI system

May 9, 2023 1074 Views 0 comment Print

CESTAT Delhi held that authority is not permitted to retain the excess amount paid by the appellant because of an error in EDI system. Authority is duty bound to refund such amount.

Property tax matter not entertained as effective remedy of filing an appeal u/s 406 of MMC Act available

May 8, 2023 4206 Views 0 comment Print

Kharghar Co-op. Housing Societies Federation Ltd Vs Municipal Commissioner (Bombay High Court) Bombay High Court in the matter of property tax didn’t entertain the petition as effective and effacious remedy of filing an appeal under section 406 of the MMC Act available with the petitioner. Facts- Petitioner No.1 claims to be a federation of co-operative […]

No violation of rule 46A as tally accounts produced before CIT(A) provided only better clarity

May 8, 2023 1362 Views 0 comment Print

ITAT Mumbai held that tally accounts produced before CIT(A) provides only better clarity and understanding of seized documents which are already on record before AO. Hence, submission of the same before CIT(A) doesn’t violate provisions of rule 46A of Income Tax Rules.

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 4518 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Value of building not mentioned in fixed assets hence claim of deduction of cost not allowable

May 8, 2023 1755 Views 0 comment Print

ITAT Bangalore held that claim of deduction of cost of building is not allowable as there was no mentioning of any value of the building in the schedule of the fixed assets.

Goa Tax on Entry of Goods Act, 2000 is constitutionally valid

May 8, 2023 1026 Views 0 comment Print

Bombay High Court held that the Goa Tax on Entry of Goods Act, 2000 is constitutionally valid. Accordingly, the state legislature has legislative competence to enact the Goa Tax on Entry of Goods Act, 2000.

Penalty u/s 271(1)(c) not leviable as error pointed out by AO was corrected before passing of order

May 8, 2023 1062 Views 0 comment Print

Delhi High Court held that penalty under section 271(1)(c) of the Income Tax Act not leviable as error pointed out by AO was corrected by the assessee before passing of the assessment order.

Indexed cost of development not allowed on failure to substantiate the claim

May 8, 2023 849 Views 0 comment Print

ITAT Pune held that claim of indexed cost of development not acceptable as assessee failed to furnish any evidence towards the same.

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