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Judiciary

Levy of tax on milk cream sustained as milk cream & milk are different product

August 23, 2023 657 Views 0 comment Print

Himachal Pradesh High Court held that milk cream is different from milk. Accordingly, revision petition is dismissed and demand of tax @ 4% sustained.

TNGST: Two wheeler fan belts attracts 5% tax & tractor fan belts attracts 3% tax

August 23, 2023 279 Views 0 comment Print

Madras High Court held that two wheeler fan belts falls under entry 30 of Part-C of TNGST Act attracting 5% tax and tractor fan belts are specifically found mentioned under entry 27 of Part-B of TNGST Act attracting 3% tax. Hence, it is not right to invoke general entry 50 to the same.

CESTAT clarifies Limitation period & Assessee & Officer Roles in ST 3 Return Scrutiny

August 23, 2023 4212 Views 0 comment Print

Once the ST-3 returns are filed, onus lies on Central Excise Officer to meticulously review them. Should there be any discrepancies, the officer must conduct a best judgment assessment under Section 72 and initiate an SCN under Section 73 within the stipulated timeframe. If the officer overlooks any aspect leading to a tax oversight, it’s the officer who bears the responsibility, not the appellant.

No Reassessment Solely on accommodation Entry Provider’s Statement: HC

August 23, 2023 945 Views 0 comment Print

Delhi High Court rules in the case of Movish Realtech Private Limited vs. DCIT. The court addresses the initiation of reassessment based on statements of accommodation entry providers in income tax matters.

Employee Right to Vent in WhatsApp Group Not Misconduct: Madras HC

August 23, 2023 9609 Views 0 comment Print

Madras High Court upholds employees’ right to express critical views in private WhatsApp groups. Learn about case A. Lakshminarayanan vs Assistant General Manager and its implications

Omission of Accountant General Report in Property Tax Demand Breaches Natural Justice

August 22, 2023 771 Views 0 comment Print

Karnataka High Court held that BBMP demanded the property tax based on Accountant General report. However the same was not provided to the petitioner. Accordingly, non-provision of Accountant General report amounts to violation of principles of natural justice.

Expenditure incurred for earning income is to be allowed even if society not registered u/s 12A

August 22, 2023 1170 Views 0 comment Print

ITAT Kolkata held that gross receipts cannot be taxed entirely, estimated expenditure incurred by the society for earning this income needs to be allowed even if the society is not registered under section 12A of the Income Tax Act.

Addition of Offshore Supply Income to PE in India on account of loss Unjustified

August 22, 2023 579 Views 0 comment Print

ITAT Delhi held that addition on account of attributing income from offshore supplies to permanent establishment in India unjustified in case of loss.

Disallowance of expenditure by invoking provisions of section 154 unjustified

August 22, 2023 1146 Views 0 comment Print

ITAT Jaipur held that disallowance of expenditure by invoking rectification provisions of section 154 of the Income Tax Act is unjustifiable as the same is not mistake apparent on record.

Excise Duty Exemption for Intravenous Fluids Treating Veterinary Diseases

August 22, 2023 633 Views 0 comment Print

Supreme Court held that exemption from excise duty given to intravenous fluids is available to products manufactured for treatment of veterinary disease if products falls under the category of intravenous fluids.

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