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Prasar Bharati Cannot Retain Service Tax Collected From Customers when no tax was actually chargeable

March 14, 2022 1752 Views 0 comment Print

Prasar Bharati (Broadcasting Corporation of India) Vs Commissioner of Service Tax Delhi (CESTAT Delhi) In the present case, it is true that no service tax was chargeable on the activity of the appellant, viz., carrying the advertisements in its broadcast and telecast. Therefore, the Government cannot collect service tax. It is also true that Section […]

Refund short allowed – CESTAT Directs dept to consider inadvertent error of Appellant

March 14, 2022 549 Views 0 comment Print

Tata Consumer Products Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore)  From a perusal of the impugned Order-in-Appeal, I find that though the appellate authority has taken note of the claim of the appellant as regards the inadvertent/clerical error, but has not accepted on the ground that the same was not brought to the notice […]

No penalty for import of drugs and cosmetics if competent authority issued NOC for release goods after inspection

March 14, 2022 1950 Views 0 comment Print

Beverly Hills Marketing Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) After considering written submission of the appellant, the Adjudicating Authority vide impugned order has held that the appellant had attempted to clear goods imported vide Bill of Entry No. 6374054 dt. 14.05.2018 through non-notified ICD/ Port in violations of the provisions contained in Rule […]

Expense on Pen drives, laptop adapters, batteries & hard disk are revenue expenditure

March 14, 2022 18663 Views 0 comment Print

DCIT Vs Tata AIG General Insurance Co. Ltd. (ITAT Mumbai) The facts clearly shows that the assessee has incurred an expenditure of ₹29,46,886/- on non EDP and EDP equipments under IT expenses. This expenditure is related to purchase of Pen drives, laptop adapters, batteries and hard disk, etc. The learned Assessing Officer made the disallowance […]

Section 43B- No deduction for Deposit In ‘No-Lien/Escrow Account’

March 14, 2022 1668 Views 0 comment Print

Indian Metal and Ferro Alloys Ltd Vs CIT (Orissa High Court) The purpose of Section 43B of the Act was to ensure that a liability could be claimed as deduction only if the Assessee has actually parted with the sum without any recourse to it thereafter. In the present case, the interim stay granted in […]

WEF 06.08.2014 Pre-Deposit Mandatory under Section 129E of Customs Act, 1962: SC

March 13, 2022 2934 Views 0 comment Print

Chandra Sekhar Jha Vs Union of India & Anr (Supreme Court of India) The first proviso of Section 129E of the present Section enacts a limitation on the total amount which can be demanded by way of pre-deposit. The first proviso provides that the amount required to be deposited should not exceed Rs.10 Crores. In […]

Cash embezzlement loss not allowable if not charged to P&L a/c

March 13, 2022 4449 Views 0 comment Print

Avijit Dewanjee Vs DCIT (ITAT Bangalore) ITAT held that as the assessee has not ascertained the loss on account of embezzlement of cash in the books of account and it is shown as sundry debtors suspense account without charging it to the P&L account. At this stage, it is not possible to hold that it […]

No addition can be made in section 153C assessment if AO not referred any incriminating material in his order

March 13, 2022 2610 Views 0 comment Print

PCIT Vs Vikas Telecom Ltd (Delhi High Court) In this case the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating materials have […]

Licensing of software products of Microsoft in India not taxable as Royalty

March 13, 2022 1893 Views 0 comment Print

High court held that licensing of software products of Microsoft in the Territory of India by the Respondent was not taxable in India as Royalty under Section 9(1)(vi) of the Act read with Article 12 of the Indo US DTAA.

Section 68 addition justified for non-production of persons summoned

March 13, 2022 528 Views 0 comment Print

Explore the ITAT Delhi’s decision on Anandtex Int. P. Ltd’s case against addition under section 68 of the Income Tax Act. Learn about the challenges related to share application money and share premium.

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