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Judiciary

Separate adjustment on outstanding receivables unjustified when working capital adjustment is factored in pricing

March 16, 2024 378 Views 0 comment Print

ITAT Visakhapatnam has held that if working capital adjustment on ALP has been already factored in pricing/ profitability vis-à-vis that of its comparables, then, no separate upward adjustment on outstanding receivables is required.

Business restructuring entered by enterprise with associated enterprise qualifies as international transaction

March 16, 2024 300 Views 0 comment Print

ITAT Mumbai held that business restructuring entered into by an enterprise with its associated enterprise for eliminating duplicate corporate procedures falls within the ambit of “international transaction” as defined in section 92B of the Income Tax Act.

Receipt of compensation due to non-renewal of contract not taxable u/s. 28(ii)(e): ITAT Delhi

March 16, 2024 411 Views 0 comment Print

ITAT Delhi held that as non-renewal doesn’t amount to termination, accordingly, receipt of compensation on account of non-renewal of contract cannot be taxed under section 28(ii)(e) of the Income Tax Act.

‘Urea Injector’ classifiable under sub-heading 84249000: CAAR Mumbai

March 16, 2024 270 Views 0 comment Print

Explore the detailed analysis of the classification of Urea Injector by Customs Authority for Advance Rulings, Mumbai, including the submission, interpretation of law, personal hearing, and final ruling.

CAAR cannot give ruling on question regarding duty drawback

March 16, 2024 144 Views 0 comment Print

In re Endress+Hauser Flowtec (India) Pvt. Ltd (CAAR Mumbai) In a recent case concerning duty drawback, the Customs Authority for Advance Rulings (CAAR) in Mumbai has refrained from providing a ruling. The case involved M/s. Endress+Hauser Flowtec (India) Pvt. Ltd., seeking clarification on whether duty drawback could be claimed on the import of parts of […]

Software license fees duration less than two years is revenue expenditure: ITAT Bangalore

March 16, 2024 654 Views 0 comment Print

ITAT Bangalore held that if the duration of software license is less than two years, then it should be treated as revenue expenditure and if the duration is more than two years, then it should be treated as capital expenditure.

Section 16(2)(c) of CGST Act constitutionally challenged before Orissa HC

March 16, 2024 2271 Views 0 comment Print

Orissa High Court’s interim stay in OSL Securities Ltd. v. Union of India challenges the constitutional validity of Section 16(2)(c) of the CGST Act, preventing coercive action during pendency.

Charges of clandestine removal and undervaluation based on assumptions and presumptions unsustainable: Delhi HC

March 16, 2024 582 Views 0 comment Print

Delhi High Court held that charges relating to clandestine removal and undervaluation of goods cannot be sustained merely on the basis of assumptions and presumptions. Accordingly, addition rightly deleted.

Addition u/s 69 unjustified as explanation for source of fund rejected without sufficient reasoning: ITAT Bangalore

March 16, 2024 957 Views 0 comment Print

ITAT Bangalore held that addition under section 69 of the Income Tax Act unjustified as source of fund duly explained. Rejection of the explanation relating to source of fund by the department without sufficient reason is unsustainable in law.

Addition u/s 69 deleted as receipt of cold storage rent in cash not reason to doubt genuineness: ITAT Delhi

March 16, 2024 1038 Views 0 comment Print

ITAT Delhi held that genuineness and veracity of the party cannot be doubted merely because the cold storage rent was received in cash. Accordingly, addition u/s. 69 of the Income Tax Act towards unexplained investment unjustified.

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