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Profit & gains arising from transfer of interest in Hydro Projects taxable under income from business

January 6, 2023 999 Views 0 comment Print

ITAT Pune held that profits and gains arising from transfer of interest in Hydro Projects is income from business and not income under the head ‘short term capital gains’.

Re-assessment based on information from DIT(Inv.)-II office is sustainable

January 6, 2023 1446 Views 0 comment Print

ITAT Pune held that information from the office of DIT (Inv.)-II is a tangible information enabling AO to form a belief that income has escaped assessment and hence proceedings of re-assessment justified.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 2127 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

Benefit of notification no. 67/95-CE available as additional premise is extension of factory

January 5, 2023 1311 Views 0 comment Print

CESTAT Ahmedabad held that benefit of notification no. 67/95-CE duly available on transfer of goods to additional premise as additional premise is an extension of factory of the appellant.

Service tax not leviable on construction service to Jawaharlal Nehru National Urban Renewal Mission

January 5, 2023 1332 Views 0 comment Print

CESTAT Ahmedabad held that service tax not leviable on construction service provided to Jawaharlal Nehru National Urban Renewal Mission and Rajiv Awaas Yojana.

Income from property under trust held wholly for charitable purpose is allowable as exemption u/s 11

January 5, 2023 879 Views 0 comment Print

ITAT Delhi held that income derived from the property held under the trust is wholly for a charitable purpose and hence exemption under section 11 of the Income Tax Act is allowable.

Applicability of TDS provision u/s 195 to cost sharing agreement needs re-examination

January 5, 2023 1605 Views 0 comment Print

ITAT Chennai held that before concluding with regard to applicability of provisions of section 195 of the Income Tax Act, all necessary and relevant documents like cost sharing agreement/ auditor’s report/ other evidences need to be examined thoroughly. Accordingly, matter set aside with direction to AO to re-examine the claim.

Service tax leviable on works contract service other than commercial nature rendered to Government

January 5, 2023 14427 Views 0 comment Print

Madras High Court held that works contract service other than commercial nature rendered to the Government, Local Bodies, Statutory Authorities etc. is liable to service tax.

Writ challenging Advance Ruling order dismissed due to lack of jurisdiction

January 5, 2023 1041 Views 0 comment Print

Bombay High Court held that conversion of limited enquiry of classification of goods in respect of Advance Rulings into an appellate enquiry is not permissible to be undertaken in writ jurisdiction.

Granting opportunity of cross-examination of concerned person mandatory

January 5, 2023 1407 Views 0 comment Print

Calcutta High Court held that passing of an order without allowing the assessee an opportunity of cross-examination of the concerned person is against the principle of natural justice and liable to be set aside.

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