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Judiciary

Allahabad High Court stays payment of GST for grant of mining lease/royalty

September 12, 2023 3012 Views 0 comment Print

Allahabad High Court’s decision to stay GST payment for mining lease/royalty explained. Analysis of its impact and legal context.

Commissioner (A) cannot change product classification without affording opportunity

September 12, 2023 285 Views 0 comment Print

CESTAT Ahmedabad rules in Madhu Silica Pvt Ltd Vs C.C.-Ahmedabad that proper inquiry is required for classifying Malvern Master Sizer under Customs Tariff.

SC allows appeal restoration as appellant failed to avail KVAT Amnesty Scheme

September 12, 2023 642 Views 0 comment Print

The Supreme Court of India reverses Kerala High Court decision, allowing for the restoration of a tax appeal after a failed amnesty scheme attempt.

HC condones delay in appeal filing as wife not communicated order to Husband

September 12, 2023 528 Views 0 comment Print

Insight into Madras High Court decision to condone a 455-day delay in filing a Service Tax Appeal due to a communication gap between a husband and wife.

ITAT Mumbai Imposes Cost for Ignored Tax Proceedings

September 12, 2023 414 Views 0 comment Print

ITAT Mumbai imposes a cost on Rajendra Karbhari Bodake for ignoring income tax proceedings, highlighting the need to take such matters seriously.

Donation out of accumulated funds u/s. 11(2) are not allowable as application of income

September 12, 2023 1317 Views 0 comment Print

ITAT Delhi held that provisions of section 11(3) states that donations given out of accumulated funds u/s 11(2) of the Income Tax Act of earlier previous years are not allowable as application of income for charitable or religious purposes and the same shall be deemed to be income of the assessee.

Interest incurred for acquisition of clear title of property allowable as cost of acquisition

September 12, 2023 975 Views 0 comment Print

ITAT Mumbai held that interest cost incurred towards acquisition of the clear title of the property is allowable as cost of acquisition.

Profit estimation of 10% instead of 8% adopted under presumptive taxation scheme justified

September 12, 2023 3285 Views 0 comment Print

ITAT Delhi held that estimation of profit at 10%, instead of 8% as adopted under presumptive scheme of taxation provided u/s. 44AD, justified as the same is guided by the principles of objectivity, fairness and consideration of justice.

Top gas is refuse and cannot be held to be manufactured goods

September 12, 2023 309 Views 0 comment Print

CESTAT Bangalore held that top gas is refuse like dross and skimmings which are merely scum thrown out in the manufacture of aluminium sheets and have been held not to be “manufactured” goods.

Royalty not embedded in import price paid to AE hence adjustment unsustainable

September 12, 2023 663 Views 0 comment Print

ITAT Kolkata held that TPO failed to demonstrate that royalty payment by assessee to Associated Enterprises (AEs) is embedded in the process of the imported goods. Accordingly, upward adjustment thereon unsustainable.

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