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Judiciary

Income derived from twin land transactions treated as business income

October 30, 2023 2361 Views 0 comment Print

ITAT Pune held that income derived from twin land transactions deserves to be treated as ‘business income’ and cannot be treated as ‘capital gains’.

Higher redemption fine and penalty imposable for repeated violation of Minimum Import Price

October 30, 2023 849 Views 0 comment Print

CESTAT Ahmedabad held that higher redemption fine and penalty imposable as appellant is a repeated offender and is violating the Minimum Import Price (MIP) condition prescribed by DGFT frequently.

Discount towards sale of low-quality sponge iron to sister concern duly allowable

October 30, 2023 462 Views 0 comment Print

ITAT Raipur held that addition on account of discount allowed to sister concern unsustainable as assessee duly placed on record documentary evidence to substantiate the factum of having sold low-quality sponge iron to its sister concern. Accordingly, rejection of discount merely on the basis of doubts and suspicion unjustified.

Revision u/s 263 without recording a finding regarding escapement of income is unsustainable

October 30, 2023 735 Views 0 comment Print

ITAT Kolkata held that invocation of revisionary power u/s 263 of the Income Tax Act without pointing out the error committed by AO and without recording a finding regarding escapement of income is unsustainable in law.

Importer cannot be forced to follow non-beneficial provision: CESTAT Kolkata

October 30, 2023 510 Views 0 comment Print

Held that the importer is allowed to choose the more beneficial provision and cannot be forced to opt for / follow the non-beneficial provision. Accordingly, the goods in question Peas [Pisum Sativum] was present both in Sl No.20 and Sl No.20A of the basic Notification No.50/2017 Cus dated 30.6.2017 and hence assessee eligible to avail benefit of NIL rate of BCD.

Private Medical Colleges Liable for GST on Affiliation & Inspection Fees: HC

October 30, 2023 2928 Views 0 comment Print

Telangana High Court judgment on private medical colleges’ GST liability for affiliation and inspection fees. Analysis and implications of the decision.

To Extend Limitation Period, Proving Intent to Evade Duty is Essential

October 30, 2023 309 Views 0 comment Print

Paliwal Overseas Pvt. Ltd. prevails against Central Excise & ST in CESTAT Chandigarh. Detailed analysis of duty demand, penalties, and key legal arguments.

Supreme Court Invalidates State VAT Act Amendments Post-GST

October 30, 2023 762 Views 0 comment Print

Supreme Court of India invalidates State VAT amendments made post-GST, citing issues of legislative competence in Telangana, Gujarat, and Maharashtra.

Bombay HC Warns Tax Officers on delays in serving assessment orders

October 30, 2023 849 Views 0 comment Print

Bombay High Court has cautioned tax officers for significant delays in serving assessment orders on taxpayers. The court quashed an assessment order due to lack of diligence and emphasized principles of natural justice.

Excise Duty is leviable on Coal Clearances from Sister Concern Units

October 30, 2023 207 Views 0 comment Print

CESTAT Kolkata upheld the imposition of excise duty on coal clearances from sister units. However, the Show Cause Notice was challenged on the grounds of limitation.

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