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Video projector classifiable under headings 85286900

January 2, 2023 1035 Views 0 comment Print

projectors in question are machines working in conjunction with an automatic data processing machine and performing a specific function other than data processing, thus the same merit classification in the headings appropriate to their respective function i.e 85286200.

Classification for Import of Dump Trucks for off-highway use in CKD form for exemption

January 2, 2023 3423 Views 0 comment Print

In re TATA Hitachi Construction Machinery Company Private Limited (CAAR Mumbai) Classification for Import of Dump Trucks for off-highway use in CKD form for exemption under sr.no 524 of Customs Tariff Notification No 50/2017 CAAR hold that the dump truck proposed to be imported by applicant as Completely Knocked Down (CKD) kit contains all the necessary components, […]

HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

January 2, 2023 903 Views 0 comment Print

Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016 1. The petitioner in the present case, apart from challenging the constitutional validity of the provisions of the Benami Transactions (Prohibition) Amendment Act, 2016, has also challenged the […]

Comparison by AO between qualitatively different agreements with completely different terms not appropriate

January 2, 2023 924 Views 0 comment Print

I hold that the comparison by the assessing officer between qualitatively different agreements with completely different terms and conditions was not appropriate.

Irregular CENVAT Credit availment cannot be alleged without any evidence & merely based on statements of transporters

January 2, 2023 645 Views 0 comment Print

AIC Iron Industries Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The first issue involved in this case is whether the Appellant had availed irregular CENVAT Credit as arrived by the Department holding that it was paper transaction without receipt of raw materials. Second issue is whether under the circumstances and the facts […]

Ex parte order- HC directs Appellate Authority to reconsider appeal of petitioner on merits

January 2, 2023 1992 Views 0 comment Print

Gaurav Trading Company Vs State of U.P. (Allahabad High Court) This Court finds that by ex parte order the first appeal filed by the petitioner has been dismissed as he has failed to appear before the authority on 6.4.2021, 24.9.2021 and 2.11.2021. Taking a lenient view, this Court directs the Appellate Authority to reconsider the […]

Section 54F exemption allowed despite non-completion of construction as assessee invested the entire net consideration

January 2, 2023 1437 Views 0 comment Print

CIT Vs Sardarmal Kothari (Madras High Court) There is no dispute about the fact that the assessees have invested the entire net consideration of sale of capital asset in the land itself and subsequently the assessees have invested large sums of money in the construction of the house. The cost of investment in land and […]

Employee’s contribution to PF not deposited before due date as per EPF Act is not allowable

January 2, 2023 903 Views 0 comment Print

In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.

Interest on income tax refund taxable under Article 11(2) of India- Malaysia DTAA

January 2, 2023 1407 Views 0 comment Print

Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income

SC dismisses appeal on the ground of low tax effect

January 2, 2023 1743 Views 0 comment Print

CIT Vs Swapnil Finance Pvt. Ltd. (Supreme Court of India) It is reported by learned counsel appearing for the respective parties that tax effect in both the appeals for the relevant Assessment Years – 1995-96 and 1996-97 would be less than Rs. 2 Crores which is the monetary limit to prefer an appeal before this […]

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