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Judiciary

Revisionary power u/s 263 rightly invoked as order erroneous and prejudicial to interest of revenue

August 31, 2023 435 Views 0 comment Print

ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.

Additional disallowance without converting limited scrutiny to complete scrutiny unsustainable

August 31, 2023 783 Views 0 comment Print

ITAT Bangalore held that disallowance of deduction claimed u/s 54F unjustified as no steps were taken to convert the limited scrutiny into complete scrutiny. Accordingly, disallowance deleted.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 363 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

Payments towards Interconnectivity Utility Charges not royalty/ FTS hence not taxable

August 31, 2023 522 Views 0 comment Print

ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.

Satellite derived 3D model services – OIDAR or Export of Services?

August 31, 2023 750 Views 0 comment Print

Globolive 3D Private Limited Vs Union of India (Bombay High Court) Introduction: The Bombay High Court recently delved into a significant issue concerning the nature of Satellite derived 3D model services. The core matter revolved around whether such services should be categorized as Online Information Database Access or Retrieval (OIDAR) services or considered as an […]

Section 67(2) of CGST Act doesn’t grant officers authority for cash seizures

August 31, 2023 1716 Views 0 comment Print

In Rajeev Chhatwal vs Commissioner of Goods and Services Tax (East), case, Delhi High Court addressed contentious issue of whether officers have authority under Section 67(2) of CGST Act to seize cash.

Revocation of Customs Broker licence as exporters untraceable during subsequent verification unjustified

August 31, 2023 870 Views 0 comment Print

CESTAT Kolkata held that Customs Broker cannot be held responsible for the exporters found to not exist during subsequent verification undertaken by the officers. Accordingly, revocation of Customs Broker licence unjustified.

Addition based on claim of payment of cash in civil suit sustained as source of cash payment not explained

August 31, 2023 894 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained and undisclosed income sustained as assessee itself claim payment of cash in the civil suit and failed to explain the source of the cash payment.

Depreciation on right to build and operate tool road is admissible as intangible asset

August 31, 2023 993 Views 0 comment Print

ITAT Delhi held that right to build and operate toll road are considered to be an intangible assets and accordingly depreciation as admissible to intangible assets is available to it.

Disallowance u/s 14A in absence of exempt income unsustainable

August 31, 2023 1359 Views 0 comment Print

ITAT Ahmedabad held that where no exempt income is earned by the assessee there is no case for making any disallowance under Section 14A of the Income Tax Act.

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