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Judiciary

Transfer of reserve created out of tax paid profit is not mistake rectifiable under section 154

September 5, 2023 1287 Views 1 comment Print

ITAT Jodhpur held that merely by transferring the reserve created out of the tax paid profit subsequently transferred to capital account of the firm is not a mistake apparent on record and cannot be rectified under the guise of provision of section 154 of the Act

Service tax demand under reverse charge for IPR registered in foreign country unsustainable

September 5, 2023 582 Views 0 comment Print

CESTAT Chandigarh held that service tax demand under reverse charge mechanism unsustainable in case the IPR is registered in any foreign country and is not registered in India.

Delhi HC restricts Set-off of Tax Refunds Against Disputed Demands at 20%

September 5, 2023 1590 Views 0 comment Print

Delhi HC rules in favor of Jindal Stainless LTD in a tax dispute against DCIT. The court directs the release of excess tax adjustments, limited to 20% of disputed demands. Learn what this means for businesses facing similar tax disputes.

CESTAT Sets Aside Tax Demand: Job Fabrication Not Manpower Recruitment Service

September 5, 2023 318 Views 0 comment Print

A deep dive into CESTAT Ahmedabad verdict in Hitech Industries Vs C.S.T.-Service Tax. The tribunal clarified that job fabrication does not fall under the category of Manpower Recruitment or Supply Agency Service, setting aside Service Tax demand.

Waiver of Loan Not Cessation of Trading Liability under Section 41(1): ITAT Delhi

September 5, 2023 942 Views 0 comment Print

Analysis of ITAT Delhis ruling in Luxor Writing Instruments (P) Ltd Vs DCIT. The tribunal clarifies that the waiver of a loan does not amount to cessation of trading liability under Section 41(1) of the Income Tax Act.

Late Form No. 67 Filing Doesn’t Deny Foreign Tax Credit Under India-Tanzania DTAA

September 5, 2023 558 Views 0 comment Print

A detailed look at the recent ITAT Ahmedabad ruling in the case of Manoj Kaushikprasad Jingar Vs Assessing Officer. Explore how the tribunal addresses the issue of late filing of Form No.67 under the India-Tanzania DTAA.

Actual Gratuity Deduction Not Disallowed: ITAT Directs Fresh Consideration

September 5, 2023 1338 Views 0 comment Print

Explore a detailed analysis of the recent ITAT Bangalore verdict on Integrace Private Limited Vs NFAC/CIT(A), focusing on provisions of gratuity and tax deductions under section 37 and 43B.

Demat Transactions via Registered Broker Not ‘Unexplained Income’ u/s 68

September 5, 2023 2487 Views 0 comment Print

Analyzing ITAT Mumbai’s landmark ruling in the case of ITO Vs Sanjay Mahabir Maheshka that deems income from share sales via Demat account as not Unexplained Income under section 68.

Restaurants Must Prove No AC for Service Tax Exemption: CESTAT Delhi

September 5, 2023 1419 Views 0 comment Print

Unpacking the CESTAT Delhi ruling on Gurukripa Yuvraj Veg & Non-veg Restaurant regarding service tax exemption based on AC facility. Key takeaways and implications.

Police & GST Dept. cannot issues Notices to Advocate appearing for client

September 5, 2023 20778 Views 0 comment Print

Calcutta High Court rules that Police and GST Department cannot issue notices to advocates appearing for clients in GST-related cases, upholding client-advocate privilege.

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