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Judiciary

ITAT Imposes Rs 5,000 Cost on Assessee for Non-Compliance of CIT(A) notices

October 2, 2023 1533 Views 0 comment Print

Read how ITAT Mumbai imposes a cost of Rs 5,000 on Edifice Properties Pvt Ltd for non-compliance with notices in their appeal against the CIT(A) order.

CESTAT Kolkata waives Penalty for Lack of Tax Evasion Evidence

October 2, 2023 315 Views 0 comment Print

Discover how CESTAT Kolkata ruled in favor of Guru Shipping & Clearing Pvt Ltd, waiving penalties due to a lack of evidence for tax evasion. Full text of the order.

Transaction value in Bill of entry cannot be rejected without cogent reasons

October 2, 2023 477 Views 0 comment Print

CESTAT Chennai sets aside excise duty demand on silk yarn, ruling that the transaction value cannot be rejected without cogent reasons. Full text of the order.

ITC Cannot Be Denied merely Based on GSTR 2A & 3B Discrepancies: Kerala HC

October 2, 2023 40950 Views 0 comment Print

Kerala High Court directs readjudication of input tax credit (ITC) claim, stating that discrepancies between GSTR 2A and GSTR 3B alone cannot be grounds for denial

WMT Basis for Calculating Duty on Export of Iron Ore Fines prior to 1.5.2022

October 2, 2023 1281 Views 0 comment Print

Explore the Bagadiya Brothers Pvt. Ltd. vs. Commissioner of Customs (CESTAT Kolkata) case regarding the determination of duty on iron ore fines based on WMT.

Aggrieved party is entitled to receive compensation from party who has broken contract

October 2, 2023 594 Views 0 comment Print

Supreme Court held that an aggrieved party is entitled to receive compensation from the party who has broken the contract whether or not actual damage or loss is proved to have been caused by the breach.

Writ not entertained as authority empowered u/s. 5 of PMLA Act scrutinized material while passing provisional attachment order

October 2, 2023 972 Views 0 comment Print

Kerala High Court dismissed the writ petitioner stating that as authority empowered u/s. 5 of PMLA Act scrutinized the materials while passing provisional attachment order and hence it is not justifiable to exercise extraordinary powers under Article 226 of the Constitution of India.

Assessment order passed in case of amalgamated entity is null and void

October 2, 2023 1035 Views 0 comment Print

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed.

Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

October 2, 2023 324 Views 0 comment Print

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified.

TP Adjustment relating to receipt of brand royalty from AE deleted as brand not owned by assessee

October 2, 2023 423 Views 0 comment Print

ITAT Mumbai held that the fee paid by the assessee i.e. Tata Consultancy Services towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee. Hence, there cannot be any TP adjustment towards the amount that ought to have been received by the assessee towards brand royalty.

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