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Applicability of proviso to section 2(15) should be based only on facts & circumstances of each case

March 6, 2023 1332 Views 0 comment Print

ITAT Bangalore held that applicability of the proviso to 2(15) of the Act cannot be on the basis of the default of the parties in not participating in the proceedings but should be on the basis of facts and circumstances of each case. Accordingly, matter remanded for fresh consideration.

Unadjusted TDS amount under JVAT Act is duly available under JGST Act

March 6, 2023 1020 Views 0 comment Print

Jharkhand High Court held that denying migration of unadjusted TDS amount under JVAT Act (Jharkhand Value Added Tax Act) to JGST (Jharkhand Goods and Services Tax Act, 2017) is not sustainable in the eye of law.

Procedural lapse in Rule 7 of CCR, 2004 cannot be ground to deny substantial benefits of cenvat credit

March 6, 2023 2403 Views 0 comment Print

CESTAT Hyderabad held that rule 7 of Cenvat Credit Rules, 2004 is just a procedure and procedural lapse cannot be ground to deny the substantial benefit of Cenvat Credit.

SAD exemption under notification no. 21/2012-Cus not available on import of parts of articles of jewellery

March 6, 2023 1236 Views 0 comment Print

CESTAT Delhi held that exemption from special additional duty (SAD) of customs under the Notification No. 21/2012-CUS dated 17.03.2012 is not available on import of parts of articles of jewellery.

Penalty u/s 25 of CER 2002 not imposable on mere statements without supportive evidences

March 6, 2023 771 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under rule 25 of CER 2002 merely on the basis of statements without supporting evidences is untenable in law.

Bail granted as value of gold biscuits/ bullions is less than Rs. One Crore

March 6, 2023 2553 Views 0 comment Print

Patna High Court held that bails is granted on furnishing of bails bonds as the recovery of gold biscuits-bullions is of value less than Rs. One Crore.

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 3513 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

Delay in filing form 10B condoned via circular hence deduction towards application and accumulation of funds allowable

March 6, 2023 20889 Views 0 comment Print

ITAT Bangalore held that delay in filing Form 10B in the relevant period was condoned as per Circular No.10 (F.No.197/55/2018) dated 22.5.2019, accordingly, deduction towards application and accumulation of funds is duly allowable.

Prior to 01.04.2020, capital gain exemption u/s 54 was allowed to be claimed without filing return

March 6, 2023 8130 Views 0 comment Print

ITAT Bangalore held that prior to amendment in section 139(1) of the Income Tax Act effective from 01.04.2020, exemption under section 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB can be claimed even without filing income tax return.

Service tax not leviable on composite works contract services prior to 1.06.2007

March 6, 2023 1002 Views 0 comment Print

CESTAT Chennai held that services provided in the nature of composite works contract for which project is executed for the period prior to 1.6.2007 is outside the purview of service tax.

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