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Judiciary

Absence of a specified date, time, or venue for personal hearing in notice renders order unsustainable

January 12, 2024 1680 Views 0 comment Print

Allahabad High Court’s ruling supported notion that absence of a specified date, time, or venue for personal hearing in notice renders order unsustainable.

Classification of Projectors in Case of Ingram Micro India Private Limited

January 12, 2024 585 Views 0 comment Print

Customs Authority ruled that the projectors under consideration, based on their functions and features, were principally meant for use with automatic data processing machines. The presence of additional features did not disqualify them from classification under sub-heading 8528 62 00, emphasizing the specific description provided by the heading.

Classification of Tire Pressure Monitoring System & Differential Pressure Sensors

January 12, 2024 387 Views 0 comment Print

After a comprehensive review of Mahindra & Mahindra’s submissions, relevant case laws, and legal framework, CAAR concludes that both TPMS and DPS merit classification under subheading 90262000 of Customs Tariff Act.

AO cannot treat advance from customers as Deferred Sale without concrete basis

January 11, 2024 996 Views 0 comment Print

In the case of Raj Auto Wheels (P) Ltd vs ACIT, ITAT Jaipur meticulously analyzed additions based on customer advances and sales deferment, emphasizing legal principles and fair assessment. Tribunal’s rulings underscore the importance of genuine transactions and consistent legal application in tax assessments.

No disallowance under Section 40(a)(ia) if payee has already paid taxes: ITAT Jaipur

January 11, 2024 2328 Views 0 comment Print

The issue involved the contention that disallowance under Section 40(a)(ia) should not be made if the payee has already paid taxes. Noteworthy payees included public limited companies such as Maruti Udhyog Ltd., and Non-Banking Finance Corporations like Sundaram Finance, AU Finance, and Mahindra & Mahindra Finance.

CESTAT Sets Aside Service Tax Demand as it was Based Solely on Income Tax Form 26AS

January 11, 2024 2376 Views 0 comment Print

Rajeshwar Prasad Choudhari challenges service tax demand based on Form 26AS data. CESTAT Kolkata sets aside order due to lack of evidence. Detailed analysis and key legal precedents.

GST Notice Invalid as Sent to Wrong Email, Not Assessee’s Email Address: Madras HC

January 11, 2024 984 Views 0 comment Print

R. Soundararajan & Co. challenges GST order in Madras High Court. Notice sent to wrong email, violating natural justice. Detailed analysis of the case and court’s directive.

GST Tax Rate for Rental/Leasing of Industrial Equipment with Operators

January 11, 2024 2097 Views 0 comment Print

Ventair Engineers gets clarity from GST AAR Telangana on tax rates for industrial equipment leasing. Detailed analysis of HSN codes and applicable rates.

RFCL falls under Section 51(1)(d) of CGST Act as a PSU: AAR Telangana

January 11, 2024 1311 Views 0 comment Print

The first question posed to the AAR was whether RFCL can be classified as a notified person under Section 51 of the CGST Act, read with Notification No. 33/2017 dated 15th September 2017. The AAR ruled in the affirmative, acknowledging that RFCL falls under Section 51(1)(d) as a Public Sector Undertaking (PSU).

Addition based on GP Rate: ITAT reduces addition from 2.26 Crore to 2 Lakh

January 11, 2024 4947 Views 0 comment Print

Tribunal concluded that the enhancement of the sale amount and the application of a higher GP rate of 3.25% lacked justification. The resultant addition of Rs. 2,26,41,521/- was deleted. However, to cover possible income leakage, an ad hoc addition of Rs. 2,00,000/- was allowed.

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