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Extended period of limitation cannot be invoked as issue involved interpretation of law

October 19, 2023 1788 Views 0 comment Print

CESTAT Chennai held that invocation of extended period of limitation unjustified as issue was mired in litigation and interpretation of law. Further, appellant is public sector undertaking and hence there is no scope of suppression with an intention to evade tax.

Interest expense incurred for funds borrow to introduce capital is allowable as expenditure against remuneration income

October 19, 2023 1326 Views 0 comment Print

ITAT Mumbai held that the partner should be entitled to all the deductions which he was entitled while computing his share of profits in the firm. Thus, interest expenditure incurred by the assessee, as capital was introduced from borrowed funds, should be allowed as expenditure against remuneration income from the firm.

Imposition of anti-dumping duty on import of Mono Ethylene Glycol based on selective examination unjustified

October 19, 2023 207 Views 0 comment Print

CESTAT Delhi remanded the matter to designated authority in the matter of imposition of anti-dumping duty on imports of MEG ‘Mono Ethylene Glycol’ as selective examination with respect to only one period was made as base for determination of injury.

Services provided by IIT, Patna and NIT, Rourkela to government, governmental/ local authorities exempt from service tax

October 19, 2023 492 Views 0 comment Print

Supreme Court held that services provided by the educational institutions IIT, Patna and NIT, Rourkela to the Government/ local authorities/ governmental authorities are eligible for exemption from service tax.

Addition u/s. 69C treating share transactions as bogus only based on statement of broker unsustainable

October 19, 2023 1068 Views 0 comment Print

ITAT Mumbai held that addition under section 69C of the Income Tax Act treating share transactions as bogus merely on the basis of statement of the broker is unsustainable and bad-in-law.

Renovation & refurbishment of hotel rooms & other facilities are revenue expenditure

October 19, 2023 1047 Views 0 comment Print

Delhi High Court held that the renovation and refurbishment of the rooms, including washrooms and other facilities in the hotel which only improves efficiency of source of profit/income are revenue expenditure.

Leave & License Fee assessable under Profits & Gains of Business

October 19, 2023 1374 Views 0 comment Print

ITAT Mumbai held that the Leave & License Fee is assessable under the head “Profits & Gains of Business” and not under “Income from House Property”.

Matter remanded as ITAT misdirected itself and made addition on presumptive income

October 18, 2023 423 Views 0 comment Print

Delhi High Court held that ITAT misdirected itself on facts as addition was made on presumptive income without considering the loss in trading in equity and commodities and hence matter remanded to ITAT.

Circular cannot impose new condition and restrict scope of exemption notification

October 18, 2023 753 Views 0 comment Print

CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.

Penalty not warranted as non-reflection of foreign assets in return not malafide

October 18, 2023 2340 Views 0 comment Print

ITAT Mumbai held that penalty under section 43 of the Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 unwarranted for non-reflection of investment in Schedule of Foreign Assets in return as it was not malafide or dishonest breach/ non-disclosure.

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