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section 28

Latest Articles


Taxability of director remuneration: Salary or Business income

Income Tax : Understand whether director remuneration is taxed as salary or business income. Learn about tax implications, employer-employee re...

March 3, 2025 6966 Views 0 comment Print

Income Tax Provisions applicable to business entities

Income Tax : Explore provisions under the Income-tax Act for computing business income, including various chargeable incomes and accounting met...

September 2, 2024 1395 Views 0 comment Print

Healthy Discussion on Sections 68 & 44AD by CA Micky and CA Mini

Income Tax : Explore the discussion between CA Micky and CA Mini on Sections 68 & 44AD of the Income Tax Act. Learn about unexplained cash cred...

August 1, 2024 2655 Views 0 comment Print

Understanding Section 43B(h) | Impact on MSME Payments

Income Tax : Understand the impact of Section 43B(h) on businesses: Learn about deductions for MSME payments and the importance of timely payme...

April 2, 2024 12249 Views 3 comments Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 230520 Views 9 comments Print


Latest Judiciary


CBDT Circular Cannot Override Statutory Provisions by Prescribing Limitation Period Absent in Income Tax Act

Income Tax : The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed b...

March 5, 2025 174 Views 0 comment Print

Duty payable when goods imported in SEZ are sold to DTA without being used for authorized operations

Custom Duty : CESTAT Delhi held that duty has to be paid when goods imported into an SEZ are not used for the authorised operations but are sold...

March 1, 2025 378 Views 0 comment Print

Customs officer not empowered to assess two or more shipping bills together

Custom Duty : Disha Realcon and SM Niryat had exported iron ore fines whose Fe content was below 58% under some Shipping Bills and iron ore fine...

February 21, 2025 330 Views 0 comment Print

Matter restored back to CIT(A) as ex-parte order passed violating principles of natural justice

Income Tax : ITAT Ahmedabad held that where Commissioner (Appeals) passed ex-parte order in violation of principles of natural justice, one mor...

February 18, 2025 372 Views 0 comment Print

Owner of car liable to pay customs duty on redemption even if they are not importer

Custom Duty : CESTAT Kolkata held that owner of the car is liable to pay customs duty on redemption of the confiscated vehicle/ car even if the ...

February 15, 2025 81 Views 0 comment Print


Subsequent suspension cannot affect duty free import as DFIA license was valid at the time of import

July 27, 2023 774 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

ITAT Mumbai: Interest Receivables Treated as Loan to AE, TP Adjustment Confirmed

July 25, 2023 1470 Views 0 comment Print

ITAT Mumbai held that TPO rightly treated interest receivables as a loan outstanding given by assessee to its Associated Enterprises (AE) and charging interest on the same.

Disallowance of Payment for PF & ESI Employee Contributions Beyond Due Date (Section 36(1)(va))

July 20, 2023 103098 Views 0 comment Print

ITAT Mumbai held that payment on account of employees contribution towards PF and ESI after the due date of the respective acts is disallowable in terms of section 36(1)(va) of the Income Tax Act.

Law declared by a Court will have retrospective effect if not otherwise stated

July 17, 2023 6693 Views 0 comment Print

ITAT Kolkata held that that law declared by a court will have retrospective effect, if not otherwise stated to be so specifically. It is also well settled proposition that whenever, a previous decision is overruled by a larger bench of the Supreme Court, the previous decision is completely wiped out.

Extended period not invocable if department was fully aware of import

July 12, 2023 528 Views 0 comment Print

CESTAT Chennai held that extended period of limitation not invocable as department was duly aware about what was being imported and the purpose thereof.

Correct classification of ‘tomato dry flavour’ is CTH 3302 10 10

July 9, 2023 918 Views 0 comment Print

CESTAT Chennai held that as Chapter Heading 3302 covers both natural and/or synthetic mixtures of odoriferous substances, ‘tomato dry flavour’ is correctly classifiable under CTH 3302 10 10 instead of 2106 90 60.

Principal amount taken for trading purpose when waived off results in income

July 8, 2023 696 Views 0 comment Print

ITAT Hyderabad held that waiver of the principal amount, which was taken for trading purpose, which is credited to the profit & loss account results in income in the hands of assessee and accordingly taxable.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 1935 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

Exemption u/s 11 available against receipt of trust from activities like sale of plots/ flats

July 3, 2023 2268 Views 0 comment Print

ITAT Chandigarh held that receipts of the assessee trust from its activities of sale of plots, flats and commercial booths and also its income earned form non-construction fee, transfer fee, penal interest and compounding fee, etc., are held to be entitled for exemption under Section 11 of the I.T. Act.

Goods imported separately cannot be clubbed for the purpose of classification

July 3, 2023 2085 Views 0 comment Print

CESTAT Kolkata held that goods imported separately by two different importers cannot be clubbed for classification purpose. Goods imported by appellants not in CDK condition cannot be classified under Customs Tariff Heading 87038040.

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