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Judiciary

Travel expenditure incurred for business interest cannot be disallowed

November 17, 2023 663 Views 0 comment Print

Delhi High Court held that disallowance of travel expenditure unjustified as the expenses incurred had a nexus with the business interest of the respondent/assessee and AO has not brought anything on record to prove that the expenditure were of personal nature.

Exemption u/s. 11 not deniable as no violation of proviso to provision of section 2(15)

November 17, 2023 615 Views 0 comment Print

ITAT Chennai held that revision order u/s. 263 unjustified and liable to be quashed as no findings which proves that there is a violation of the proviso to provision of section 2(15) of the Income Tax Act, 1961. Accordingly, exemption u/s. 11 rightly claimed.

Notice for reopening of assessment issued on last date of limitation period is valid

November 17, 2023 1674 Views 0 comment Print

Delhi High Court held that notice for reopening of assessment issued u/s. 148 of the Income Tax Act on the last date of the limitation period cannot be said be have been issued beyond the period of limitation.

Delhi HC Quashes Section 148 Notices for AY 2016-17 & 2017-18 on Alleged Escaped Income Under Rs 50 Lakhs

November 17, 2023 16467 Views 1 comment Print

Delhi High Court quashes 148 notices for AY 2016-17 & 2017-18, setting precedent against retrospective tax assessments under Rs 50L; protects taxpayers’ rights.

HC quashed Section 148A(b) order as clear 7 days time to file reply not given

November 17, 2023 1407 Views 0 comment Print

Read the Calcutta High Court judgment in Pawan Kumar Sharma Vs Union of India, exposing procedural irregularities in the Income Tax Act Section 148A(b) order dated April 6, 2023.

Relying on statement without following procedure u/s 9D of Central Excise Act unsustainable

November 17, 2023 777 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT Credit alleging non-receipt of goods based on statements without following procedure prescribed under section 9D of the Central Excise Act, 1944 is unjustified and unsustainable in law.

Provisions of section 14A & 74H of Kerala Co-operative Societies Act is within legislative competence

November 17, 2023 684 Views 0 comment Print

Kerala High Court held that the provisions i.e. Sections 14A & 74H of the Kerala Co-operative Societies Act, 1969 not relating to any aspect of banking are within the legislative competence of the State Legislature.

IGST not leviable on re-import of goods which were exported for exhibition

November 17, 2023 3018 Views 0 comment Print

CESTAT Delhi held that the goods exported under LUT are admittedly imported within six months of the export then there is no liability to pay tax on re-import.

Wireless Access Point classifiable under 8517 62 90 is entitled for Basic Customs Duty exemption

November 17, 2023 981 Views 0 comment Print

CESTAT Delhi held that Wireless Access Point is classifiable under Customs Tariff Item 8517 62 90 and accordingly is entitled to exemption from Basic Customs Duty under serial no. 13 of notification dated 01.03.2005 as amended by notification dated 11.07.2014.

Diesel supplied free of cost to GTA by recipient is addible to taxable value

November 16, 2023 1203 Views 0 comment Print

Chhattisgarh High Court held that diesel even though being provided free of cost by the service recipient to GTA service provider has to be added to the value for the purpose of GST.

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