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Judiciary

Unjustified Section 68 Addition: Gold Sale Cash Receipts Recorded in Books

October 17, 2023 2121 Views 0 comment Print

ITAT Ahmedabad rules on the treatment of cash receipts from sale of gold/gold ornaments in case of Abhishek Prakashchand Chhajed Vs ITO.

Goods imported by research institution is exempt from payment of customs duty

October 17, 2023 483 Views 0 comment Print

CESTAT Kolkata held that the Hydraulic Study Department of Calcutta Port Trust were eligible for the benefit of Notification No. 71/80-Cus dated 26.03.1981 and Notification No. 152/94-Cus dated 13.07.1994. Notification exempts goods which are imported by research institution from payment of customs duty.

Provisions of section 28(va) doesn’t apply in case of termination of call option

October 17, 2023 588 Views 0 comment Print

ITAT Chennai held that the termination of the call option merely relinquishes the right of to buy shares, however, there is no element of non-compete obligation inherent in the agreement and hence provisions of Section 28(va) of the Income Tax Act cannot be triggered.

Order passed u/s 143(3) quashed as notice u/s 143(2) was issued by non-jurisdictional AO

October 17, 2023 7455 Views 0 comment Print

ITAT Raipur held that AO having jurisdiction over the case passed the order u/s 143(3) of the Income Tax Act without issuing notice u/s 143(2). Accordingly, the matter quashed for want of valid assumption of jurisdiction as notice u/s 143(2) was issued by non-jurisdictional AO.

Tinted glass sheets is taxable as ‘goods or ware made of glass’ vide notification no. 5784 dated 07.09.1981

October 17, 2023 555 Views 0 comment Print

Supreme Court held that ‘tinted glass sheets’ is liable to be tax as ‘goods or ware made of glass’ covered within entry no. 4 of notification no. 5784 dated 07.09.1981 and hence the same is taxable.

Absolute confiscation of smuggled gold ordered based on documentary evidences

October 17, 2023 516 Views 0 comment Print

Dive into the Narayan Sharma vs. Commissioner of Customs case at CESTAT Chandigarh, involving the absolute confiscation of smuggled gold. Learn about the facts, statements, and documentary evidence leading to the decision.

Service tax is on ‘outdoor caterer’ and not on a mere caterer, engaged in preparing food items

October 17, 2023 591 Views 0 comment Print

Dive into the Jammas Food Supplier vs. Commissioner Central Goods and Service Tax case. CESTAT Mumbai clarifies service tax applicability to outdoor caterers.

Refund u/r 16 of Pan Masala Packing Machine Rules allowable due to change in constitution

October 17, 2023 480 Views 0 comment Print

CESTAT Ahmedabad held that refund under rule 16 of Pan Masala Packing Machine (Capacity Determination and Collection of Duty) Rules, 2008 allowable on account of change in constitution of firm into a private limited company.

Payment of gratuity premium to LIC is allowable as business expenditure

October 17, 2023 2403 Views 0 comment Print

ITAT Ahmedabad held that gratuity premium paid to LIC was to be treated as business expenditure and the same is allowable under section 37(1) of the Income Tax Act.

Enhancement of imported goods invoking rule 8 of Customs Valuation Rules without any evidence is unjustified

October 17, 2023 480 Views 0 comment Print

Supreme Court held that enhancing the price of imported goods by invoking rule 8 of the Customs Valuation Rules without any evidence is unjustified and bad-in-law.

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