Where the law prescribed a manner in which a power had to be exercised, then such power could be exercised only in such a manner. No prior notice was served during personal hearings therefore, alleged personal hearings were in contravention of the Circular as circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) were legally binding on the department.
Delhi High Court held that the computer software which are necessary and integral for the working of hardware are eligible for depreciation at the rate of 60% instead of 25%.
CESTAT Kolkata held that the Appellant is merely supplies the chassis to body-builder and receives the body-built vehicle from the body-builder. Accordingly, Appellant is not the manufacturer of the body-built vehicle. Hence, demand of duty unsustainable.
CESTAT Chandigarh held that benefit of notification no. 01/10-CE dated 06.02.2010 cannot be denied as commercial production from expanded capacity commenced on or after 06.02.2010.
Kerala High Court held that order passed under section 148A(d) of the Income Tax Act without granting an opportunity of being heard as required u/s. 148A(b) makes the order unsustainable in law and hence is liable to be set aside.
Learn about the ITAT Delhi ruling in Amrik Sokhi vs. ITO for A.Y. 2015-16, where the claim of capital gain deduction u/s 54 is restored for verification. Details here.
Learn about ITAT Kolkata’s decision in Sushama Industries vs. ITO for AY 2011-12, where a 5% disallowance is made on profit element of bogus purchases. Details here.
Delhi High Court’s judgment in PCIT vs. Optimal Media Solutions Ltd. for AY 2009-10 clarifies that retention by advertising agencies is trade discount, not subject to TDS under section 194H.
Read about Babusona Mondal’s appeal against the AO’s addition under Section 69B. ITAT Kolkata rules that additions can’t be made based on conjectures without considering evidence.
In a recent judgment, Kerala High Court permits a Service Tax appeal subject to the mandatory deposit, ensuring compliance with legal requirements.
