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Judiciary

Corpus Donations Taxable in Absence of Section 11 Exemption

November 9, 2023 7242 Views 0 comment Print

ITAT Chennai held that corpus donations received by the Trust is income of the Trust when the Trust is not entitled for the exemption under section 11 of the Income Tax Act.

Kerala HC Directs Correction in GSTR-3B via Appellate Authority under Section 107

November 9, 2023 1179 Views 0 comment Print

Kerala High Court held that the petitioner should approach the appellate authority under Section 107 of the Central Goods and Services Tax Act for getting permission to correct mistake in Form GSTR-3B.

Section 80G Registration doesn’t Preclude Trust from availing Section 115BBC(2)(b) benefit

November 9, 2023 768 Views 0 comment Print

ITAT Mumbai held that merely because an assessee is registered u/s 80G of the Act will not automatically mean that such Trust cannot have any religious purpose and therefore cannot avail benefit of Section 115BBC(2)(b) of the Income Tax Act.

Penalty based on notice containing erroneous category of service is illegal

November 9, 2023 840 Views 0 comment Print

Supreme Court held that levy of penalty on the basis of a show cause notice containing a completely erroneous category of service is illegal.

Service tax demand on job-work activity under Manpower Recruitment or Supply Agency Service unsustainable

November 9, 2023 765 Views 0 comment Print

CESTAT Ahmedabad held that as the contract is for job-work carried out by the appellant for the service recipient. The same doesn’t fall under the category of Manpower Recruitment or Supply Agency Service and therefore the service tax demand unsustainable.

Duty on clandestine clearance unsustainable in absence of tangible evidence establishing appellant as manufacturer

November 9, 2023 354 Views 0 comment Print

CESTAT Ahmedabad held that fact of clandestine manufacture and clearance thereof is established, however, since there is no clinching tangible evidence or any corroborative evidence to establish the appellant as a manufacturer, liability of duty, penalty cannot be fastened.

No TDS Under Section 194C on Purchase Expenses: ITAT Ahmedabad

November 9, 2023 7443 Views 0 comment Print

In a case involving contract expenses, ITAT Ahmedabad rules that no TDS is applicable under Section 194C of the Income Tax Act for purchase expenses, setting aside the disallowance.

Delhi HC Sets Aside Assessment Order which was based on Wrongful Allegations

November 9, 2023 1407 Views 0 comment Print

Delhi High Court sets aside an assessment order in a case involving wrongful allegations of non-current investments made in share application money of an entity.

CENVAT Credit cannot be denied on Presumptions of Non-Receipt of Capital Goods

November 9, 2023 303 Views 0 comment Print

Explore the Kanade Anand Udyog vs. CCE Thane case, highlighting the denial of Cenvat credit on capital goods. Detailed analysis and verdict discussed.

Section 264: PCIT can Allow Unclaimed Deductions/Losses

November 9, 2023 1779 Views 0 comment Print

Delhi High Court’s verdict on the application of Section 264 of the Income Tax Act. The court allows correction of deduction claims overlooked by the assessee in a revisionary move.

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