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Refund u/r 16 of Pan Masala Packing Machine Rules allowable due to change in constitution

October 17, 2023 471 Views 0 comment Print

CESTAT Ahmedabad held that refund under rule 16 of Pan Masala Packing Machine (Capacity Determination and Collection of Duty) Rules, 2008 allowable on account of change in constitution of firm into a private limited company.

Payment of gratuity premium to LIC is allowable as business expenditure

October 17, 2023 2316 Views 0 comment Print

ITAT Ahmedabad held that gratuity premium paid to LIC was to be treated as business expenditure and the same is allowable under section 37(1) of the Income Tax Act.

Enhancement of imported goods invoking rule 8 of Customs Valuation Rules without any evidence is unjustified

October 17, 2023 477 Views 0 comment Print

Supreme Court held that enhancing the price of imported goods by invoking rule 8 of the Customs Valuation Rules without any evidence is unjustified and bad-in-law.

Initiation of proceedings against Customs Broker unjustified as he is not part of mis-declaration

October 17, 2023 351 Views 0 comment Print

CESTAT Delhi held that initiation of proceedings against Customs Broker alleging violation of regulation 10(n) of the Customs Broker Licence Regulations, 2018 unjustified as he is not the party to alleged mis-declaration and undervaluation.

No TCS on transaction of purchase of coal which is to be used in generation of power

October 17, 2023 2253 Views 0 comment Print

Jharkhand High Court held that TCS is not to be collected in the transaction of purchase of coal which is used in generation of power. Accordingly, illegal sum collected as TCS is ordered to be refunded back with interest.

Remand order passed in money laundering case registered against Vivo sustained

October 17, 2023 942 Views 0 comment Print

Delhi High Court upheld the remand order passed by Sessions Court, in the money laundering case registered against Vivo, concluding that Section 19 of PMLA was duly complied with and thereafter the accused persons were remanded to the custody of Directorate of Enforcement.

Initiation of re-assessment based on material already on record is bad-in-law

October 16, 2023 2022 Views 0 comment Print

Madras High Court held that initiation of proceedings for reassessment under section 147 of the Income Tax Act based on material already on record and without new/ tangible information is bad-in-law and liable to be quashed.

Penalty u/s. 271(1)(c) unjustified as voluntary deposit was done before receipt of notice u/s 148

October 16, 2023 846 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as voluntary deposit of tax was done before receiving notice under section 148 of the Income Tax Act.

Imposition of penalty u/s. 271(1)(b) within time limit contemplated in section 275(1)(a) justified

October 16, 2023 4029 Views 0 comment Print

ITAT Raipur held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act within the time period contemplated in clause (a) of sub-section (1) to Section 275, i.e six months from the end of the month in which appellate order was received is duly justified.

Addition u/s 68 unjustified as sufficient evidences placed to discharge initial onus

October 16, 2023 909 Views 0 comment Print

ITAT Delhi held that assessee has placed sufficient evidences to discharge initial onus to explain the nature and source of loans. Accordingly, addition u/s. 68 of the Income Tax Act towards unsecured loan unjustified.

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