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Judiciary

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 2139 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

Delay in filing form 10B condoned via circular hence deduction towards application and accumulation of funds allowable

March 6, 2023 18408 Views 0 comment Print

ITAT Bangalore held that delay in filing Form 10B in the relevant period was condoned as per Circular No.10 (F.No.197/55/2018) dated 22.5.2019, accordingly, deduction towards application and accumulation of funds is duly allowable.

Prior to 01.04.2020, capital gain exemption u/s 54 was allowed to be claimed without filing return

March 6, 2023 6120 Views 0 comment Print

ITAT Bangalore held that prior to amendment in section 139(1) of the Income Tax Act effective from 01.04.2020, exemption under section 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB can be claimed even without filing income tax return.

Service tax not leviable on composite works contract services prior to 1.06.2007

March 6, 2023 774 Views 0 comment Print

CESTAT Chennai held that services provided in the nature of composite works contract for which project is executed for the period prior to 1.6.2007 is outside the purview of service tax.

Towers, shelter and parts thereof are eligible for CENVAT Credit under capital goods

March 6, 2023 1329 Views 0 comment Print

CESTAT Delhi held that towers, shelter and parts thereof are ‘capital goods’ accordingly entitled to avail Cenvat Credit under Capital Goods.

TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 720 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

Service Tax Penalty Not Deductible as Business Expenditure

March 6, 2023 510 Views 0 comment Print

Payment on account of penalty under service tax is penal in nature and was levied for violation of law, therefore penalty is not admissible

ITC on GTA Services cannot be reversed in absence of specific provision 

March 6, 2023 651 Views 0 comment Print

Issue before CESTAT was regarding justifiability of demand of service tax raised on Assessee disallowing credit availed on input service attributable to quantity of iron ore fines and coal fines cleared by Assessee.

Appeal dismissed for non-payment of mandatory pre-deposit – HC restores appeal subject to payment of deposit

March 6, 2023 1476 Views 0 comment Print

Jharkhand HC remands case as unregistered dealer, Amar Ent., intends to make mandatory pre-deposit. Appeal to be heard on merits post-deposit.

Miscellaneous application u/s 254(2) is valid if filed within Four Years of date of actual receipt of judgment

March 6, 2023 4329 Views 0 comment Print

Once it is found that rectification application u/s 254(2) of I. T. Act, 1961 has been submitted within a period of four years from the date of actual receipt of judgment and order passed by tribunal, which is sought to be reviewed, petitioner is entitled to relief.

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