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Judiciary

Service tax not leviable on statutory charges collected from land allottees as fixed by IDCO

November 21, 2023 729 Views 0 comment Print

CESTAT Kolkata held that processing fee, transfer fee, administrative charges, etc. collected from land allottees as fixed by IDCO are statutory in nature. Accordingly, service tax is not leviable on the same.

Goods manufactured on job work basis to be valued as per rule 11 of Central Excise Valuation Rules

November 21, 2023 474 Views 0 comment Print

CESTAT Bangalore held that rule 11 of Central Excise Valuation Rules, 2000 will be applicable for determination of assessable value of goods manufactured on job work basis.

Recovery of CENVAT based on third party statement without tangible corroborative evidence unsustainable

November 21, 2023 693 Views 0 comment Print

CESTAT Ahmedabad held that no reliance can be placed on statements of third party without tangible corroborative evidence. Accordingly, recovery of Cenvat Credit under rule 14 rightly dropped.

Unabsorbed depreciation of A.Y.s 1997-98 to 2000-01 can be carried forward and set off without any limit

November 21, 2023 798 Views 0 comment Print

The present appeal has been filed by the revenue against order passed by the CIT(A) challenging action of CIT(A) in allowing carry forward of unabsorbed depreciation of Rs. 19,89,09,661/- pertaining to A.Y.s 1997-98 to 2000-01 for set off without any time limit.

Arbitration award pursuant to family arrangement is not chargeable to tax

November 21, 2023 1104 Views 0 comment Print

Bombay High Court held that amount received as per arbitration award by the appellant pursuant to a family arrangement is not chargeable to tax.

Assessment after three years is time barred even if return not filed under Entry Tax Act

November 21, 2023 873 Views 0 comment Print

Madras High Court held that assessment after expiry of three years is barred by limitation as per section 8 of the Tamil Nadu Tax Entry of Motor Vehicles into Local Areas Act, 1990 (Entry Tax Act) even if return is not filed u/s 7.

RPM Most Appropriate for ALP in Absence of Distributor’s Value Addition to Goods

November 21, 2023 615 Views 0 comment Print

Explore Delhi HC judgment in PCIT vs. Fujitsu India Ltd. for AY 2011-14, focusing on Transfer Pricing Method. Analysis of TNMM vs. RPM with key findings. Insights and conclusion provided.

Allowability of Technology Expenses for Future Business utilization

November 21, 2023 507 Views 0 comment Print

Delhi HC rules in PCIT vs Hike Pvt Ltd, clarifying tech expenses as revenue expenditure. Detailed analysis on re-characterization, AO approach, and key findings.

Allegation of Bogus Transaction Invalid Without Corroborative Evidence: Delhi HC

November 21, 2023 2361 Views 0 comment Print

Delhi HC judgment on Gudwala And Sons vs. ACIT for AY 2019-20. Detailed analysis of reassessment proceedings, allegations, and flaws in AO’s approach.

Value on date of agreement is considered when date of agreement fixing consideration and date of registration of property is different

November 21, 2023 7989 Views 0 comment Print

ITAT Hyderabad held that where the date of agreement fixing the amount of consideration and the date of registration of property is different, value adopted by stamp valuation authority on the date of agreement has to be taken for purposes of computing full value of consideration of such transfer.

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