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Duty demand alleging sealed/uninstalled packing machine available in factory unsustainable

September 16, 2023 309 Views 0 comment Print

CESTAT Mumbai held that duty liability in terms of Chewing tobacco & Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010 unsustainable merely alleging that sealed/uninstalled packing machine is available in the factory premises.

In contract for transfer of right to use goods, taxable event is execution of contract: Kerala HC

September 16, 2023 819 Views 0 comment Print

Kerala High Court held that under the Kerala Value Added Tax Act, 2003 (KVAT Act) in a contract for the transfer of the right to use the goods, the taxable event is the execution of the contract for delivery of the goods, and if that has taken place, it was immaterial whether the transfer was exclusively or to the exclusion of all others.

Assessee’s Genuine Belief: Extended Period Inapplicable

September 16, 2023 297 Views 0 comment Print

CESTAT Kolkata held that appellant were under the bonafide belief that processes undertaken by them doesn’t amount to manufacture and accordingly, they cleared goods to raw material supplier on collection of job charges only. Accordingly, extended period of limitation not invocable.

Denial of refund claim merely because taxable service not mentioned in list approved by SEZ unjustified

September 16, 2023 630 Views 0 comment Print

CESTAT Allahabad held that denial of refund claim of service tax under notification no. 9/2009-ST dated 03.03.2009 as taxable service in respect of which refund is claim is not mentioned in the list of specified service approved by SEZ authority unjustified.

Interest paid on delayed deposit of income tax not allowable as expenditure

September 16, 2023 1395 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of income tax, whether TDS or otherwise is not an allowable expenditure.

Deduction u/s 80P(2)(d) available to cooperative society in respect of dividend received on shares of cooperative banks

September 16, 2023 1203 Views 0 comment Print

ITAT Raipur held that cooperative society is entitled for claiming deduction u/s. 80P(2)(d) of the Income Tax Act in respect of dividend received on shares of cooperative banks.

TP adjustment relating to intra-group services unjustified as benefit derived thereof duly demonstrated

September 16, 2023 474 Views 0 comment Print

ITAT Mumbai held that transfer pricing (TP) adjustment relating to intra-group services unjustified as assessee duly demonstrated objective analysis of intragroup services rendered and kind of qualitative and quantitative benefit.

Demand of concession availed vide customs notification sustained for failure to maintain proper records

September 16, 2023 318 Views 0 comment Print

CESTAT Chennai upholds the demand of concession availed vide customs notification on failure of appellant to maintain proper accountal of the receipt of imported goods till their utilization in the manufacture of the specified finished products.

Addition as unexplained cash deposits unjustified as source of cash deposit demonstrated

September 16, 2023 4374 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards unexplained cash deposits unjustified as source of cash deposit successfully demonstrated by the assessee.

Benefit of indexed cost of acquisition available based on payments dates

September 15, 2023 1374 Views 0 comment Print

ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain.

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