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ITAT deletes part addition for Agricultural Produce considering reasonable quantum of sale proceeds

February 17, 2023 834 Views 0 comment Print

Assessee has established on record that it had receipts from sale of agricultural produce, only because some invoices relating to sale are not available, assessee’s claim cannot be More so, considering reasonable quantum of sale proceeds.

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1485 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

DGIT (Systems), Delhi, to furnish response to TN Govt in the form of flag based on Taxpayers status

February 16, 2023 1464 Views 0 comment Print

CBDT directs DGIT (Systems), New Delhi, to furnish the response to TN Govt in the form of flag based on Taxpayers status F. No. 225/169/2022-ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes ***** New Delhi, the 16th February, 2023 Order under section 138(1)(a) of the Income-tax Act,1961 Central […]

Security deposit is not governed by provisions of Section 27 of Customs Act

February 16, 2023 2388 Views 0 comment Print

Komatsu India Private Limited Vs Commissioner of Customs (CESTAT Chennai) It is not the case of the Revenue that what the appellant claimed was the refund of the duty paid and there is also no dispute that the appellant claimed only the security deposit made. The Hon’ble jurisdictional High Court in the case of M/s. […]

SC dismisses Petition Seeking income tax regulation on sale of personal cars & environment CESS on second car

February 16, 2023 795 Views 0 comment Print

Pass an order to respondents to ensure effective income tax regulation on sale of personal cars in order to prevent misuse of tax regulations like: (a) In addition to PAN card, a copy of last return filed should be made mandatory for purchasing a personal car. [b] Withdraw tax benefit for second car to companies or professionals.

Premium paid by company on insurance policy taken by director not allowable

February 16, 2023 21933 Views 0 comment Print

Insurance policy was not taken by company under key man insurance & Merely, amount was paid by it so premium not allowed as business deduction

IBBI penalises IP for placing non­-compliant resolution plan for consideration of CoC

February 15, 2023 2274 Views 0 comment Print

Mr. Anurag Kumar Sinha has erred in his judgement in placing a non­compliant resolution plan for the consideration of the CoC. Further, despite being non­compliant plan, it was passed and placed for AA’s approval. AA has strongly commented on the issue in its judgement pointing out the mistake of the resolution professional and the CoC […]

Audited Books cannot be rejected for Producing Photocopy of Bills instead of original

February 15, 2023 1860 Views 0 comment Print

Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]

Claim allowed in scrutiny proceedings cannot be withdrawn by AO by mere change of opinion

February 15, 2023 834 Views 0 comment Print

Once claim has been allowed in scrutiny proceedings, then AO cannot withdraw the claim under section 154, by mere change of opinion and without there being any apparent mistake on record.

Export Policy of Agri Residue Based Biomass & Briquettes/Pellets amended

February 14, 2023 3522 Views 0 comment Print

The export of Agri Residue Based Biomass and Briquettes / Pellets under ITC-HS Heading 1213 is placed under ‘Free’ category with immediate effect. MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) New Delhi Notification No. 55/2015-2020-DGFT | Dated: 14th February, 2023 Subject:- Amendment in Export Policy of Biomass – regarding. […]

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