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Judiciary

Compounding fee not payable as provision of Legal Metrology Act not violated

August 11, 2023 1284 Views 0 comment Print

Delhi High Court held that as the appellants couldn’t be held to have been violated any provision of the Legal Metrology Act, they shouldn’t be held liable to pay a compounding fee. Compounding fee is not in nature of a tax or duty.

It is mandatory to grant opportunity to cross-examine third party whose statement is relied upon

August 11, 2023 1386 Views 0 comment Print

Calcutta High Court held that as and when statement from the third party recorded under section 108 of the Customs Act is relied upon then the opportunity of cross-examining such person is necessary to be given to the assessee.

Shares held as investment taxable under capital gain irrespective of controlling interest

August 11, 2023 732 Views 0 comment Print

ITAT Mumbai held that shares held as investment is taxable under capital gain. The same cannot be treated as business income on the ground that the assessee was participating in the business of JMMSSPL and had had transferred the controlling/business interest.

Matter already considered and decided by CIT(A) cannot be re-considered in revision proceeding

August 11, 2023 351 Views 0 comment Print

ITAT Delhi held that once a matter has been considered and decided by the ld.CIT(A), the very same issue cannot be the subject matter of consideration at all by PCIT in the revision proceedings either on substantive basis or on protective basis. Accordingly, revision order quashed.

Section 115BBE doesn’t apply on excess stock found during search

August 11, 2023 1623 Views 0 comment Print

ITAT Indore held that excess stock was not kept separately and was part of business stock cannot be treated as deemed income u/s 69 or 69B of the Income Tax Act. Accordingly, provisions of section 115BBE of the Income Tax Act are not applicable on the surrendered income on account of excess stock found during the course of search.

Assessing share premium amount u/s 68 is unjustified

August 11, 2023 1170 Views 0 comment Print

ITAT Mumbai held that tax authorities cannot assessee share premium amount under section 68 of the Income Tax Act. Accordingly, addition made u/s 68 is liable to be deleted.

Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice

August 11, 2023 1053 Views 0 comment Print

Delhi HC in v Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST restored refund application rejected by Adjudicating Authority and held that assessee would not be left unheard.

Neeraj Chowdhary Vs BPTP Ltd.: Consumer Victory in Property Dispute

August 11, 2023 2016 Views 0 comment Print

Neeraj Chowdhary Vs BPTP Ltd. (NCDRC Delhi) In a significant ruling, the National Consumer Disputes Redressal Commission, Delhi, has delivered a judgment in the case of Neeraj Chowdhary Vs BPTP Ltd., bringing relief to a group of home buyers who had been grappling with delays and uncertainties in the completion of their residential project. The […]

Value of Imported goods cannot be enhanced without Speaking Order

August 11, 2023 318 Views 0 comment Print

CESTAT Chennai directs reconsideration of customs duty on imported aluminium powder by Metal Powder Company Ltd., citing lack of speaking order.

No Service Tax on Advertisement Expense Reimbursement

August 11, 2023 876 Views 0 comment Print

CESTAT Chennai ruled no service tax is leviable on ABC Consultants Pvt. Ltd. for reimbursement of advertisement charges following precedent.

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