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Judiciary

Addition u/s 68 unsustainable as leased land not considered while assessing agricultural income

September 18, 2023 621 Views 0 comment Print

ITAT Delhi held that addition under section 68 towards unexplained income unsustainable as AO failed to consider leased land while assessing the agricultural income.

Right to sue for damages is capital receipts hence not taxable

September 18, 2023 1899 Views 0 comment Print

ITAT Mumbai held that damage on account of right to sue is a capital receipt and accordingly not chargeable to tax.

Availment of Cenvat Credit and refund thereof doesn’t require registration of premises

September 18, 2023 699 Views 0 comment Print

CESTAT Chandigarh held that the registration of the premises is not a pre-condition for availment of cenvat credit and thereof consequently the refund.

Departmental inquiry against government servant not treatable as casual exercise

September 18, 2023 1002 Views 0 comment Print

Allahabad High Court held that a departmental inquiry against government servant is not to be treated as a casual exercise and accordingly suspension of Assistant Commissioner of State Tax without merit is liable to be quashed.

AWS India liable to withhold 8% tax of remittance on account of reseller fee paid to AWS USA

September 18, 2023 1044 Views 0 comment Print

Delhi High Court held that Amazon Web Services India Pvt. Ltd. (AWS India) is liable to withhold 8% (instead of 16%) tax of remittance on account of reseller fee paid to AWS USA.

Amendment to Bill of entry invoking provisions of section 149 without documentary evidences untenable

September 18, 2023 4179 Views 0 comment Print

CESTAT Bangalore held that section 149 of the Customs Act, 1962 allows amendment of a Bill of Entry after the clearance of the goods only on the basis of documentary evidences which were in existence at the time the goods were cleared for home consumption. In absence of the same, the amendment is unjustified.

Undecided claims filed after resolution plan accepted by CoC untenable

September 18, 2023 390 Views 0 comment Print

Supreme Court held that a successful resolution applicant cannot be faced with undecided claims after the resolution plan has been accepted. Accordingly, claim filed after resolution plan accepted by CoC untenable.

ITC reversal rules for destroyed raw materials and finished goods

September 17, 2023 31797 Views 1 comment Print

Read GST AAR Telangana’s ruling on input tax credit (ITC) reversal rules for destroyed raw materials and finished goods. Understand ITC eligibility in such cases.

GST HSN Code Ruling for Electric Vehicles & Spare Parts

September 17, 2023 13347 Views 0 comment Print

Read GST AAR Telangana’s ruling on HSN codes for electric vehicles and electrical & mechanical spare parts. Clear classification guidelines provided.

SC issues notice on discontinuation of video conferencing in High Court & Tribunals

September 17, 2023 1833 Views 0 comment Print

Supreme Court of India issues notices on the discontinuation of video conferencing in High Courts and various Tribunals, seeking information on hybrid hearings. Next hearing on 6th October, 2023.

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