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Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1668 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

C Forms benefit cannot be denied on the ground of subsequent cancellation

April 28, 2023 1878 Views 0 comment Print

Cancellation of C Forms at a subsequent date would have a disruptive effect on the stream of commercial transactions, which is impermissible.

CVD Exemption cannot be denied based on Impossible Condition in notification

April 28, 2023 1461 Views 0 comment Print

Benefit of CVD exemption under Notification No.30/2004-CE dated 09.07.2004 cannot be denied if condition is such that it is practically impossible to satisfy condition.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 555 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

Section 80P deduction eligible on Interest from staff welfare fund & staff loan

April 28, 2023 1662 Views 0 comment Print

Interest from staff welfare fund, interest income from staff loan, charges for closing flexi account and fine against non-payment of R/D amount due in time are eligible for deduction u/s 80P(2)(a)(i).

Section 56(2)(viia) cannot be invoked if Sales Price exceeds FMV

April 27, 2023 1239 Views 0 comment Print

Undisputedly, invoking the provisions of section 56(2)(viia) of the Act, the Assessing Officer has treated the difference between the sale price and FMV of the shares of the assessee as income of the assessee.

If duty is not collected separately, the price actually realized is deemed to be cum-duty price

April 27, 2023 2526 Views 0 comment Print

Issue involved in this case is valuation of waste/bye-product and the applicability of cum-duty price for the goods cleared. There is no dispute regarding liability of Central Excise duty.

Amendment in details of an authorized agency under Appendix 2E of FTP 2023

April 27, 2023 564 Views 0 comment Print

The name of Maharatta Chamber of Commerce & Industries, enlisted under Appendix 2E of FTP 2023, has been amended as `Mahratta Chamber of Commerce Industries and Agriculture’ and branch offices, address and contact details have been updated.

Service of transporting tractors cannot be treated as manpower supply Services

April 27, 2023 774 Views 0 comment Print

The appellants had to undertake the transportation of tractors from premises of Punjab Tractors Ltd to their dealers and in the bargain they may appoint drivers for the work. Appellants were required to take all responsibilities on the way.

Service tax collected but not deposited – Financial Crisis not a Reasonable Cause to invoke section 80 of Finance Act

April 27, 2023 1011 Views 0 comment Print

Advancing reasons for non-payment of service tax even though collected, it has been submitted by the appellant that during the relevant period, they were under severe financial crisis. In my view, this cannot be a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government.

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