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Pre-April 2007 Transactions Exempt from Penalty under Central Excise Rule 26(2)

July 17, 2023 315 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Goodluck Empire Vs CCE & ST case involving penalties under Rule 26 of Central Excise Rules, 2002.

SSI Exemption Cannot Be Denied for Using Family Surname in Separate Entity

July 17, 2023 315 Views 0 comment Print

The CESTAT Chandigarh has ruled in favor of Mankoo Machine Tools in a pivotal case on SSI exemptions. This decision clarifies that family surnames can be used across separate entities without forfeiting SSI exemptions.

Post Facto Certificate Production for Exemption under Notification No. 108/95-CE

July 17, 2023 450 Views 0 comment Print

CESTAT held that post facto production of certificate entitled appellant to benefits of Exemption Notification No.108/95-CE. CESTAT Cited Supreme Court decision in case of Tullow India Operations Ltd.

ITAT deletes Disallowance for Non-Deduction of TDS on Transportation Charges

July 16, 2023 1098 Views 0 comment Print

ITAT Kolkata in the case of Cargo Handling Corporation Vs ITO examines disallowance made under section 40(a)(ia) of Income Tax Act for non-deduction of TDS on transportation charges. ITAT deletes the disallowance as the deductee has already paid tax on transportation charges.

No Disallowance under section 14A if assessee not earned any exempt income

July 16, 2023 2850 Views 0 comment Print

The ITAT Hyderabad recently ruled in favor of NCC Infrastructure Holdings Limited, declaring no disallowance of deduction under section 14A of the Income Tax Act can be made if the assessee hasn’t earned any exempt income.

ITAT upholds addition under section 68 for bogus LTCG from penny stocks

July 15, 2023 2718 Views 0 comment Print

The ITAT Kolkata has dismissed the appeal of Rohit Agarwal against the order of the Ld. CIT(A)-10, Kolkata. The appeal challenged the addition of Rs. 46,97,718/- as unexplained cash credit under section 68 of the Income Tax Act. The tribunal upheld the decision of the revenue authorities, stating that the transactions in question involved penny stocks and were held to be bogus by the Calcutta High Court.

Cash deposits out of earlier withdrawal not entirely exempt from taxation

July 15, 2023 17544 Views 0 comment Print

Explore the verdict of ITAT Bangalore in the case of Hemavathi Ramesh Vs ITO, where cash deposits from earlier deposits were deemed taxable. Delve into the legal nuances and implications of the judgement.

Compensation for Delayed Flat Handover Deductible as Work-in-Progress

July 15, 2023 2328 Views 0 comment Print

An in-depth review of ITAT Pune’s ruling in Jayant Hari Mulay vs DCIT, focusing on the key takeaway that compensation paid to a landlord for delayed handover of flats is deductible as part of work-in-progress.

Draft SA 315 (Revised), Identifying & Assessing Risks of Material Misstatement

July 15, 2023 4827 Views 0 comment Print

Draft SA 315 (Revised), Identifying & Assessing Risks of Material Misstatement deals with the overall objectives of the auditor in conducting an audit of the financial statements, including to obtain sufficient appropriate audit evidence to reduce audit risk to an acceptably low level.  Audit risk is a function of the risks of material misstatement and detection risk. SA 200 explains that the risks of material misstatement may exist at two levels: the overall financial statement level; and the assertion level for classes of transactions, account balances and disclosures.

CESTAT Allows Appeal Over Delayed Delivery of SAD Refund Sanction Order

July 15, 2023 372 Views 0 comment Print

The CESTAT Chennai rules in favor of Nitco Limited in a dispute over the delayed delivery of a SAD refund sanction order by the Commissioner of Customs. The case now returns to the first appellate authority for review.

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