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Judiciary

Lenovo’s Interactive Large Format Displays merit classification under sub-heading 84714190

September 11, 2023 354 Views 0 comment Print

Delve into the intricate details of the classification of Lenovo’s Interactive Large Format Displays under Indian Customs Law. Find out why these products merit a particular sub-heading.

Addition u/s 69C based on dumb document is unsustainable

September 11, 2023 1365 Views 0 comment Print

ITAT Delhi held that addition under section 69C of the Income Tax Act towards unexplained expenditure based on dumb documents not sustainable in law.

Payment of 10% of value of exempted goods not enforceable after proportionate reversal of Cenvat Credit

September 11, 2023 516 Views 0 comment Print

Bombay High Court held that even if the assessee has failed to maintain a separate account it was entitled to reverse proportionate Cenvat Credit. The option of paying an amount equal to 10% of the value of exempted goods could not have been enforced on the assessee.

Date of handing over of possession of new property relevant for deduction u/s. 54

September 11, 2023 1017 Views 0 comment Print

ITAT Delhi held that deduction under section 54 of the Income Tax Act is allowable based on handing over of possession and not based on payment of consideration. Date of handing over of possession of new property is relevant for deduction u/s. 54.

EPFO not liable to deduct TDS as rent free accommodation not provided to employees

September 11, 2023 633 Views 0 comment Print

ITAT Bangalore held that TDS are not applicable as EPFO have not provided rent free accommodation to employees, as employees are paying license fees as per Rules of Govt. of India.

Expense incurred to remove impediments/ encumbrances allowable as cost of improvement

September 11, 2023 990 Views 0 comment Print

ITAT Ahmedabad held that the expenses incurred to remove impediments or encumbrances in way of transfer of capital asset has to be allowed as deduction under the head ‘cost of improvement’ while computing taxable amount of capital gain.

Disallowance under Section 40(a)(ia) Unjustified Due to Certificate Non-Compliance with Rule 31ACB

September 11, 2023 1665 Views 0 comment Print

ITAT Jaipur held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS unjustified merely on the allegation that certificate of accountant furnished is not in accordance with Rule 31ACB as such disallowance will lead to double taxation which is against the spirit of law.

Monies collected as tax even if wrongly done has to be deposited to Government

September 11, 2023 312 Views 0 comment Print

CESTAT Chennai held that as per Section 73A(2) of the Finance Act, 1994 monies collected as a tax, even if wrongly done, has to be deposited to Government.

Merely right confirmed on party to sale of goods or service undertaken doesn’t make it a franchisee agreement

September 11, 2023 381 Views 0 comment Print

CESTAT Ahmedabad held that merely because by an agreement a right is confirmed on the party to the sale of goods or service undertaken was not ipso-facto bringing the agreement within the ambit of the franchisee.

Without proper Reason Enhancement of Imported Goods’ Value Not Sustainable

September 11, 2023 678 Views 0 comment Print

CESTAT Chennai order in Vikram Trading Company and Commissioner of Customs -Why enhancement of imported goods’ value without proper reasons not sustainable.

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