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Judiciary

No Deduction u/s 48 for Post-Acquisition Mortgage Debt Repayment

August 22, 2023 657 Views 0 comment Print

ITAT Mumbai held that the assessee not entitled to deduction u/s 48(i) of the Act for repayment of the mortgage debt which was incurred subsequent to the acquisition of the property and not for the purpose of acquisition.

AO Must Allow 4 Weeks After Rejecting Objections to Reassessment

August 22, 2023 2364 Views 1 comment Print

ITAT Mumbai held that AO is bound to dispose of the objections filed by the assessee against reopening and give at least four weeks time, from the date of rejection of objection, to assessee to seek any legal remedy. In absence of the same, reopening of assessment is not legally sustainable.

Buying and selling cargo space on its own account not covered within BAS

August 22, 2023 753 Views 0 comment Print

CESTAT Delhi held that appellant was buying and selling space on its own account and was not acting on behalf of the shipping lines. Hence, the same is not covered under the definition of Business Auxiliary Service (BAS).

CENVAT credit eligible on Railway line material used to move goods within factory premises

August 22, 2023 369 Views 0 comment Print

CESTAT Ahmedabad held that welding material used for repairs and maintenance of the plants is eligible for cenvat credit. Further, Railway line material used to move inputs/ raw material and manufactured goods within the factory premises is directly connected to the manufacture of final product and therefore, the credit cannot be denied on these items.

CIT(E) not prerogative to grant registration to an institution as it deems fit

August 22, 2023 321 Views 0 comment Print

ITAT Chandigarh held that CIT(E) cannot grant registration to an institution as he deems fit. Here, CIT(E) has granted registration to the assessee as Charitable Institution involved in “advancement of other objects of public utility” instead of Charitable Institution engaged in education activity as applied by the assessee.

Denial of registration u/s 12AB unjustified for Minor Name Difference

August 22, 2023 630 Views 0 comment Print

ITAT Surat held that the assessee trust is very old trust, and because of slight difference in the name of assessee, in various documents should not be resulted into disentitlement from getting registered under section 12AB of the Income Tax Act.

TDS Exemption on HUDA Payments: ITAT Delhi Ruling

August 22, 2023 4188 Views 0 comment Print

An analysis of ITAT Delhi’s order in ITO Vs Santur Builders Pvt Ltd, stating that TDS is not applicable on EDC payments to HUDA on behalf of State Government.

Reassess Service Tax on Govt’s Non-commercial Construction: CESTAT

August 22, 2023 552 Views 0 comment Print

CESTAT Ahmedabad directs denovo adjudication on G S Dodia vs Commissioner. Case on service tax for non-commercial construction by government.

Disallowance of Employees Contribution to PF&ESIC paid after due date

August 22, 2023 6027 Views 0 comment Print

The issues raised were in relation to the non-deduction of TDS for payment of professional services and the disallowance of Employees Contribution to PF&ESIC.

Calcutta HC confirms order on TDS deduction on unsecured loan

August 22, 2023 8115 Views 0 comment Print

Calcutta HC confirms the order on TDS deduction on an unsecured loan for Safex Complex Pvt Ltd. under Section 148A(d) of Income Tax Act for AY 2019-20.

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