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Output services provide can utlise cenvat credit for payment of service tax on output services

January 13, 2022 1311 Views 0 comment Print

Commissioner of Central Tax Vs Toyota Kirloskar Motors (Karnataka High Court) Conclusion: Since Toyota was an output service provider therefore, it can utilise cenvat credit for payment of service tax on output services. Held: The respondent – M/s Toyota Kirloskar Motors claimed to be manufactures of Multiutility Vehicles (MUV) for passenger cars and parts thereof […]

CESTAT upheld Confiscation of 11 Gold Bars which appeared to be of foreign origin

January 10, 2022 1626 Views 0 comment Print

Confiscation of eleven gold bars-MMTC marking/brand was upheld and penalty under section 112(b) was reduced to Rs. 2,50,000 as the reliability of statement of Mr. Bajpai recorded during investigation was doubtful, as he had alleged coercion and duress.

Price of bank note paper purchased by assessee from DLRI was an ALP which included cost associated with know how and design

January 10, 2022 918 Views 0 comment Print

Since Respondent had pointed out that all security features relating to the banknotes were already incorporated on the paper purchased by assessee from DLRI to be used to print the banknotes under the contract that assessee with CBK thus, any technical support or IP provided by DLRI to assessee was fully compensated in the price charged by DLRI for the paper on which the banknotes were to be printed.

Bail granted to person accused of misappropriation of Rs.1800 cr

January 5, 2022 4281 Views 0 comment Print

Bail was allowed to accused person of committing fraud, misappropriation of money to the tune of Rs.1800 crores as investigation had not been completed despite the filing of the complaint on 30.10.2021.

No reassessment in absence of failure on part of assessee to fully & truly disclose all material facts

January 3, 2022 2106 Views 0 comment Print

District Co-operative Central Bank Ltd. Vs ACIT (ITAT Bengalore) Conclusion: Reassessment beyond four years was not valid in the absence of failure on part of assessee to fully and truly disclose all material facts necessary for assessment. Held: Assessee claimed deduction of Rs.3,50,00,000/- u/s 36(1)(viia). However, assessee debited only Rs.3,00,00,000/- to the profit and loss […]

Employees refusing regular promotion offer disentitled to financial upgradation benefits: SC

January 3, 2022 5283 Views 0 comment Print

Employees who have refused the offer of regular promotion were disentitled to the financial upgradation benefits envisaged under the O.M. dated 9.8.1999. However, the above rule would not apply to employees who were not offered regular promotion but conditional promotion on officiating basis and subject to reversion.

Interest Income cannot be excluded for computing eligible remuneration of Partners

December 30, 2021 1539 Views 0 comment Print

Mac Industries Vs ITO (ITAT Surat) No disallowance as AO did not get jurisdiction to go behind net profit shown by Profit and Loss Account except adjustments as per Explanation 3 Conclusion: Addition on account of interest incomes to be excluded in the computation of book profits was not justified by AO as per Explanation […]

Excise Duty was not leviable on supply of concrete mix

December 28, 2021 2247 Views 0 comment Print

What had been manufactured and supplied by assessee was ‘concrete mix’, which was not dutiable. Revenue had not brought any facts on record in support of its allegation of manufacture of RMC by assessee. Therefore, ‘concrete mix’ manufactured by assessee was not dutiable under Central Excise Act.

No recovery of ‘listing fee’ dues as operational debt under IBC

December 28, 2021 2496 Views 0 comment Print

Since assessee had initiated the insolvency proceedings against the Corporate Debtor only as a recovery mechanism to recover dues of ‘listing fees’ however, IB Code was not meant for recovery of dues of creditors.

HC allows Commuted value of lease rent for 90 years as revenue expenditure

December 28, 2021 2283 Views 0 comment Print

Coforge Limited (Formerly Known AS NIIT Technologies Ltd) Vs ACIT (Delhi High Court) Conclusion: Commuted value of lease rent at 11 times the rent payable for 90 years @ Rs 708913/- which amounted to Rs 7798042/- was deductible as expenditure in the year of payment as assessee chose to incur the liability of a crystallised […]

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