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Judiciary

Kerala HC declines Tax Refund, Orders expedited disposal of Pending appeals by ITAT

November 4, 2023 456 Views 0 comment Print

Kerala High Court denies tax refund in Kadavalloor Service Co-Operative Bank Ltd. vs ITO case, orders swift resolution of pending appeals by ITAT

ITAT Upholds Section 69C addition for Bogus Purchases from Dummy Companies

November 4, 2023 3075 Views 0 comment Print

Read the full text of the ITAT Delhi order on the case of AAA Teleshopping Pvt. Ltd vs. ACIT for assessment year 2011-12, with detailed analysis and conclusions.

SC Dismisses SLP on Availability of Alternative Remedy under CGST Act

November 4, 2023 684 Views 0 comment Print

Explore the Supreme Court’s decision in Dhan Prakash Gupta vs. CGST Department, highlighting the dismissal of an SLP based on the availability of an alternative remedy.

CUP Method Rejection Unwarranted for Uniform Hourly Charges to AEs & Third Parties

November 4, 2023 237 Views 0 comment Print

ITAT that as long as the charges for hourly services provided by appellant were uniform to AEs and third parties, rejection of CUP method was unwarranted.

Section 40(a)(ia) Inapplicable to TDS Non-Deduction on Pre-AY 2015-16 Salary

November 4, 2023 642 Views 0 comment Print

ITAT Delhi’s decision in the case of Sumaitri Bima Distributors Pvt. Ltd vs. ITO regarding non-applicability of S.40(a)(ia) for TDS on salary before AY 2015-16.

Unproved/non-genuine purchases – ITAT reduces addition from 12.5% to 6%

November 4, 2023 606 Views 0 comment Print

Read the full text of the ITAT Mumbai order in Kailash Judhistir Sahu vs. CIT, where the addition from 12.5% to 6% for inability to produce parties of bogus purchases is restricted.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 570 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

Order passed without considering reply results into non-speaking order hence matter remanded

November 3, 2023 5379 Views 0 comment Print

Madras High Court remanded the matter back to the Assessing Officer since Assessing Officer failed to consider the reply/ objections made by the petitioner. Passing of order without considering the reply/objection results into non-speaking order.

CENVAT admissible: Manufacturing Includes Blackening, Buffing, Inspection, Packing, etc.

November 3, 2023 501 Views 0 comment Print

CESTAT Bangalore held that various processes i.e. blackening, buffing, final inspection, packing etc. carried out on the inputs results into manufacture. Accordingly, CENVAT Credit on duty paid on inputs is admissible.

Service Tax Exempt for Admission/Enrollment Fees from Prospective Club Members

November 3, 2023 480 Views 0 comment Print

CESTAT Bangalore held that admission/ enrolment fee collected from prospective members of the club cannot be subjected to levy of service tax under the category of ‘Club or Membership Association Services’.  Accordingly, demand of service tax set aside.

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