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Judiciary

Interest on trade receivables u/s. 92B(1) determined by applying SBI short-term deposit rates

October 6, 2023 1326 Views 0 comment Print

ITAT Hyderabad held that interest on trade receivables u/s. 92B(1) of the Income Tax Act could be determined by applying SBI short-term deposit rates.

Addition u/s. 68 unsustainable as genuineness of depositors proved

October 6, 2023 1167 Views 0 comment Print

ITAT Jodhpur held that addition under section 68 of the Income Tax Act towards unexplained credit unsustainable as genuineness of the depositors provided by filing confirmation, affidavits, bank statement, etc.

Shipping bill amendment u/s. 149 allowed based on documents in existence at the time of export

October 6, 2023 1899 Views 0 comment Print

Delhi High Court held that amendment of shipping bill u/s 149 of the Customs Act, 1962 allowed based on the documentary evidences which was in existence at the time the goods were exported.

Service relating to mining of natural resources not taxable in terms of India-Portugal DTAA

October 6, 2023 492 Views 0 comment Print

ITAT Delhi held that amount received towards service rendered by the assessee is in connection with installation/erection of plant and machinery involved in mining of natural resources fall within the exceptions provided under Article 12(5)(f) and 12(5)(g) of India – Portugal DTAA and hence not taxable.

Deduction u/s 37(1) not allowable on interest paid on late payment of TDS

October 6, 2023 4230 Views 0 comment Print

ITAT Hyderabad held that interest payment on late payment of TDS is not compensatory in nature and is not allowable as deduction u/s 37(1) of the Income Tax Act.

Contribution received from commodity exchange exempt i/s. 10(23EC) of Income Tax Act

October 6, 2023 540 Views 0 comment Print

Held that prior to 1-­4- 2024 there was no bar on assessee claiming exemption under section 10 (23EC) and under section 11 and 12 of the act. Accordingly, contribution received from commodity exchange and members thereof is exempt u/s 10(23EC) of the Income Tax Act.

Benefit of exemption notification 06/2006-CE and 12/2012-CE available as all conditions fulfilled

October 6, 2023 258 Views 0 comment Print

CESTAT Bangalore held that benefit of exemption notification no. 06/2006-CE dated 01.03.2006 and 12/2012-CE available to the motor vehicle manufactured as ownership of chassis was transferred after the sale of the same by VIPL to Appellant.

Demand of 5%/6%/10% on value of exempted clearances unwarranted as proportionate credit reversed

October 6, 2023 486 Views 0 comment Print

CESTAT Chennai held that the demand for paying an amount of 5% /10% /6% on the value of exempted clearances unwarranted when the appellant has reversed the proportionate credit of inputs used in manufacture of exempted products.

Penalty not leviable for lack of due diligence on part of employee of CFS

October 6, 2023 447 Views 0 comment Print

CESTAT Ahmedabad held that penalty imposed under Sub-Regulation 8 of Regulation 12 cannot be inclined for lack of due diligence on the part of the employee of CFS especially when the department did not find anything wrong when compared to employees of other CFS.

Reopening of assessment merely based on change of opinion is unsustainable

October 6, 2023 1329 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 148 of the Income Tax Act, without indicating basis for having a reason to belief that income has escaped assessment, merely based on change of opinion is unsustainable in law and liable to be quashed.

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