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section 28

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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


Customs: Re-valuation of goods without rejection of transaction value is invalid

May 10, 2023 1125 Views 0 comment Print

CESTAT Delhi held that re-valuation of goods without first rejecting the transaction value of the goods is not in accordance with law. Show cause notice without proposal of rejection of transaction value or demanding differential duty is both speculative and presumptive.

Once appeal is adjudicated on merits, refusing to condone delay is an error

May 3, 2023 1938 Views 0 comment Print

ITAT Delhi held that if the appeal is adjudicated on merits, then, refusing to condone the delay in filing of an appeal is an error. Action of refusing to condone the delay, but, to dispose off the appeal on merit is untenable in law.

Deduction towards education Secondary & Secondary Higher Education Cess is not allowable

April 29, 2023 1026 Views 0 comment Print

ITAT Kolkata held that education cess and Secondary and higher Secondary Education cess being part of the tax is not allowable as deduction.

Reassessing ‘cameras’ under general description instead of declared specified classification unjustified

April 26, 2023 807 Views 0 comment Print

CESTAT Mumbai held that rejecting exemption benefit and duty demand u/s 28 of Customs Act, 1962 by reassessing ‘cameras’ under general and residual description i.e. ‘others’ under 8525 8090 instead of declared specified classification i.e. 8525 8020 is unjustified.

Benefit of exemption notification no. 102/2007 not deniable alleging imported goods were sawn and sold in DTA

April 25, 2023 456 Views 0 comment Print

CESTAT Ahmedabad held that the benefit of exemption Notification No. 102/2007 cannot be denied merely because the imported goods were of logs whereas the same were sawn and sold in DTA.

Addition unsustainable as SCN issued by DRI lacks jurisdiction

April 25, 2023 1170 Views 0 comment Print

ITAT Jaipur held that officers of DRI are not proper officers for the purposes of Section 28 of Customs Act, 1962 and hence order and show cause notice are not maintainable. Accordingly, addition confirmed thereon is unsustainable.

Royalty payment and R&D on royalty both allowable as revenue expenditure

March 28, 2023 1191 Views 0 comment Print

ITAT Delhi held that royalty payment and R&D cess on royalty is interlinked. As royalty payment is allowed as revenue expenditure, R&D cess is also allowable as revenue expenditure.

Interest u/s 28 of Land Acquisition Act from date of possession of land till date of judgement is not taxable

March 10, 2023 4824 Views 0 comment Print

ITAT Pune held that interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired and accordingly not taxable.

Section 28 of Income Tax Act: Profits & gains of business or profession

March 4, 2023 31698 Views 1 comment Print

Provisions of section 28 of Income Tax Act, 1961 specify income chargeable to income tax under ‘Profits and gains of business or profession’.

Pre-Notice Consultation mandatory under Section 28 of the Customs Act: Delhi HC

October 15, 2022 6381 Views 0 comment Print

In present facts of the case, the Honble Delhi High Court held that the pre-show cause notice consultation is mandatory under Section 28 of the Customs Act, 1962

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