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Judiciary

Recovery of CENVAT Credit against Input Service Distributor u/r 14 of CCR, 2004 unsustainable

September 28, 2023 468 Views 0 comment Print

CESTAT Mumbai held that Rule 14 of the CENVAT Credit Rules, 2004 (CCR, 2004) can only be made applicable against the manufacturer/service provider or the person who availed the allegedly inadmissible credit and accordingly recovery of CENVAT Credit against Input Service Distributor unsustainable.

TDS in case of ESOP is deductible at time option is exercised and shares are allotted to employees

September 28, 2023 1668 Views 0 comment Print

ITAT Mumbai held that TDS is not deductible at the time of grant of ESOP but is deductible at the time of option is exercised by employees of the assessee and shares are allotted to the employees.

Denial of deduction u/s. 80IB(10) unjustified as separate building planning permission obtained for each block

September 28, 2023 840 Views 0 comment Print

ITAT Ahmedabad held that denial of deduction u/s. 80IB(10) of the Income Tax Act alleging non-completion of some blocks unjustified as separate building planning permission were obtained by assessee from Local Authority namely AMC for each Block as a separate housing project.

Reassessment u/s. 147 without new tangible material is unsustainable

September 28, 2023 1185 Views 0 comment Print

ITAT Delhi held that assuming jurisdiction under section 147 of the Income Tax Act without new tangible material is unsustainable and hence the entire reassessment is null and void.

Differential demand of service tax under composite works contract unsustainable as VAT paid on goods component

September 28, 2023 669 Views 0 comment Print

CESTAT Chennai held that where the value has already been split as per the state law and VAT has been paid on the goods component of the composite works contract, no service tax can be levied on such component again taking recourse to Rule 2A(ii) of Service Tax (Determination of Value) Rules, 2006.

Addition u/s. 56(2)(viib) by rejection of valuation determined by assessee without referring to DVO unjustified

September 28, 2023 1050 Views 0 comment Print

ITAT Mumbai held that addition towards difference of share premium u/s. 56(2)(viib) of the Act by rejecting the valuation determined by the assessee without referring the matter for valuation to DVO is unjustified. Matter remanded for referring the same to DVO.

Subsequent Intimation of DIN without quoting It on Body of Assessment Order Is Invalid

September 28, 2023 9843 Views 0 comment Print

Learn about Harish Gupta Vs DCIT case at ITAT Delhi where subsequent intimation of DIN number without quoting it on assessment order is deemed invalid.

Is Printing of Examination Materials Exempt from GST?

September 28, 2023 1959 Views 0 comment Print

Learn about GST exemption for printing services of examination materials like question papers, OMR sheets, and results processing.

‘Exceptional Circumstances’ must exist to prevent promoters to compete with other resolution applicants to retain control of corporate debtor in case of MSME

September 27, 2023 984 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that in “exceptional circumstances” if a corporate debtor is an MSME, it is not necessary for promoters to compete with other resolution applicants to retain control of the corporate debtor.

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

September 27, 2023 1209 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.

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