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Judiciary

No tax on share premium when issued to Venture Capital Fund

February 18, 2023 654 Views 0 comment Print

ITAT held that no tax would be levied on issue of shares to venture capital fund and further upheld observation of CIT(A) that, payment for valuation certification and retainership fees to a CA  firm is a revenue expenditure.

Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 3606 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

Penalty u/s 114 of Customs Act not leviable on CHA for non-assurance of correct classification of goods

February 18, 2023 1266 Views 0 comment Print

CESTAT Chennai held that Custom House Agent (CHA) cannot be expected to examine and ensure the nature of the goods in the consignment. Accordingly, penalty u-s 114 of the Customs Act cannot be levied on CHA alleging that they didn’t ensure correct classification of the goods.

Responsibility under regulation 10(n) doesn’t mandate customs broker to keep continuous surveillance on client

February 18, 2023 1140 Views 0 comment Print

CESTAT Delhi held that responsibility of the Customs Broker under Regulation 10(n) does not include keeping a continuous surveillance on the client to ensure that he continues to operate from that address and has not changed his operations.

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 8040 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1170 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

Unit eligible for exemption under notification 50/2003-CE continue to be eligible under Scheme of Budgetary Support

February 17, 2023 1089 Views 0 comment Print

Delhi High Court held that petitioner eligible for exemption from Central Excise Duty Notification No.50/2003-CE dated 10.06.2003 prior to 1st July 2017 is eligible for budgetary support under Scheme of Budgetary Support under Goods and Services Tax (GST) Regime

GST- HC condoned delay in statutory Appeal under GST Act

February 17, 2023 1671 Views 0 comment Print

Sikha Debnath Vs Assistant Commissioner of State Tax (Calcutta High Court) Honorable Calcutta High Court at Circuit Bench at Jalpaiguri , Hon’ble JUSTICE BIBEK CHAUDHURI in WPA 304 of 2023, was pleased to pass an order and condoned the delay in filing a Goods and Services Tax (GST) Appeal by the petitioner-Sikha Debnath, as only […]

GST- HC Allowed to file Appeal manually

February 17, 2023 573 Views 0 comment Print

Debnarayan Roy Vs Assistant Commissioner State Tax Bureau of Investigation (Calcutta High Court) Honorable Calcutta High Court, Circuit bench at Jalpaiguri , in WPA 3427 of 2022, order dated 04.01.2023, passed by the Honorable Justice Biswajit Basu was pleased to pass an order and allow the petitioner to file the appeal manually against the order of […]

No TDS liability on income received on non-technical services outsourced to foreign company

February 17, 2023 1380 Views 0 comment Print

HC held that, pay roll related services outsourced to foreign company would be treated as business income earned by foreign company and not a technical service therefore, would not be liable for TDS

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