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

October 16, 2023 912 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.

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

October 16, 2023 1554 Views 0 comment Print

ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 2012-2013 unwarranted as power to levy fees has come into effect only from 01.06.2015

‘Bakery Shortening’ and ‘Vanaspati’ are same commodities under Sales Tax Law

October 16, 2023 861 Views 0 comment Print

Allahabad High Court held that both the goods i.e. ‘Bakery Shortening’ and ‘Vanaspati (hydrogenated vegetable oil)’ are being treated as one under Central Excise Tariff Act as well as Customs Tariff Act. Hence, both are to be treated as same even under Sales Tax Law.

Revocation of customs broker licence for violating obligation under regulation 10 of CBLR, 2018 unwarranted

October 16, 2023 582 Views 0 comment Print

CESTAT Chandigarh held that extreme penalty of revocation of custom broker licence for violating obligation under regulation 10 of CBLR, 2018 unwarranted, however, imposition of penalty and forfeiture of security justified.

Receipts taxable under FTS/FIS on failure to prove basis of cost allocation

October 16, 2023 765 Views 0 comment Print

ITAT Mumbai held that receipts taxable under Fees for Technical/ Included Services (FTS/FIS) as assessee failed to prove that it is actual reimbursement as there is no basis of allocation or actual cost incurred for affiliates.

Service tax leviable on provision of service relating to inspection and certification of export goods

October 16, 2023 288 Views 0 comment Print

CESTAT Delhi held that service provided by technical, inspection and certification agency in relation to inspection and certification of export goods is liable to service tax under ‘Technical, Inspection and Certification Service’.

Court directs Excise Commissioner to reconsider claim of petitioner vis-à-vis distance between Temple and Bar

October 16, 2023 603 Views 0 comment Print

Kerala High Court set aside the order with direction to Excise Commissioner to reconsider the claim of the petitioner and decide the distance as per Abkari Laws since there is a Temple right opposite to the bar in question.

Invocation of section 263 unjustified as order passed after considering information

October 16, 2023 774 Views 0 comment Print

ITAT Jaipur held that the assessment order passed by AO after considering the information filed during assessment proceedings cannot be said to be erroneous and prejudicial to the interest of the revenue. Every loss of revenue as a consequence of an order of the AO cannot be treated as prejudicial to the interests of the Revenue.

Long-term capital loss u/s 50B allowed as Form 3CEA filed during assessment proceeding

October 16, 2023 2025 Views 0 comment Print

ITAT Kolkata held that rejection of claim of long-term capital loss u/s 50B of the Income Tax Act unjustified as Form 3CEA filed during the assessment proceedings along with an affidavit mentioning reason for non-furnishing of Form 3CEA with return of income.

Addition towards LTCG sustained as no documentary evidence of lower sale consideration furnished

October 16, 2023 1755 Views 0 comment Print

ITAT Delhi held that addition towards long term capital gain sustained as assessee failed to furnish confirmation from the purchaser company as lower sale consideration was claimed by assessee.

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