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Excise duty Exemption eligible if Appellant reversed 5% of value of exempted goods

August 13, 2023 321 Views 0 comment Print

CESTAT Ahmedabad ruled that CENVAT credit of excise duty is allowable even when 5% of the value of exempted goods is reversed, complying with Rule 6(3)(i) of CENVAT Credit Rules.

CESTAT Bangalore: Refund Granted for Proven Service Tax Payment

August 13, 2023 465 Views 0 comment Print

CESTAT Bangalore ruled that a refund cannot be rejected when taxpayer provides adequate documents to prove service tax payment and non-availment of CENVAT credit.

Technical know-how not made available- Sub-Contracting Charges Not Taxable as FIS in India

August 13, 2023 693 Views 0 comment Print

Read the analysis of SPI Global US vs ACIT (ITAT Delhi) case where sub-contracting charges taxability under India-USA DTAA was contested. Learn about the make available clause and the final decision.

Gujarat HC Quashes Invalid Income Tax Notice against Non-Existent Entity

August 13, 2023 1308 Views 0 comment Print

Learn about the Gujarat High Court’s decision in Anokhi Realty Private Limited vs ITO, where it quashed an income tax reassessment notice issued to a non-existent entity. Analysis of amalgamation’s impact on tax assessment.

Denial of CENVAT credit on grounds different from original issue unjustified: CESTAT

August 12, 2023 288 Views 0 comment Print

CESTAT Kolkata grants relief to Tata Motors, quashing denial of CENVAT credit on excise duty due to genuine disclosure of transporters’ copy of invoice.

Section 115E Concessional Rate Inapplicable to INR Saving Account Share Acquisition

August 12, 2023 2526 Views 0 comment Print

In Pawan Kumar Agarwal vs CIT case, ITAT Kolkata rules that concessional tax rate under section 115E is not applicable when money is deposited in Indian rupees, not foreign exchange.

Entries in books do not dictate tax treatment: ITAT allows expense

August 12, 2023 1053 Views 0 comment Print

ITAT held that entries in the books of accounts do not dictate tax treatment. As long as expenses were allowable under relevant sections of Income Tax Act, appellant was entitled to claim them.

Delhi HC Sets aside Reassessment Order for non-consideration of reply

August 12, 2023 513 Views 0 comment Print

Standard Chartered Bank UK, challenged the validity of the reassessment order on the grounds of jurisdiction and non-consideration of crucial information provided in its response to the notice.

Petitioner Conceals Confiscation Order: MP HC Imposes Rs. 25K Fine

August 12, 2023 237 Views 0 comment Print

Analysis of Hitesh Nagwani vs Commissioner of Customs case from Madhya Pradesh High Court. Details of customs order and imposed Rs. 25,000 cost. Legal insights.

Delhi HC Quashes Reassessment Due to ITBA Technical Glitches

August 12, 2023 783 Views 0 comment Print

Analysis of Himanshu Infratech vs ITO case from Delhi High Court. Quashing of reassessment due to delay in issuance notice u/s 148A(b) because of technical glitches on ITBA.

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