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Judiciary

CESTAT Delhi quashes demand as Revenue fails to prove undervaluation of goods to reject invoice transaction value

August 7, 2023 231 Views 0 comment Print

The respondent/importer had filed three bills of entry dated 27.01.2021 for clearance of imported goods Zinc Scrap, Saves/Scope which were imported from M/s Olympic Metal, Miami, USA. As the Department noticed that the declared value of the goods was lower than the contemporaneous import of similar goods and that the sale involved an abnormal discount and abnormal rejection from ordinary competitive prices, a query was raised from the importer to provide material/evidence to justify the declared value in terms of Section 17(3) of the Customs Act, 1962

Section 271(1)(c) Inapplicable if No Income Concealment by Assessee

August 7, 2023 438 Views 0 comment Print

Read the full text of ITAT Ahmedabad’s order deleting the penalty u/s 271(1)(c) for Dineshkumar Kanjibhai Patel-HUF as no concealment of particulars or inaccurate income filing found.

CENVAT Credit without actual receipt of service is ineligible

August 7, 2023 1353 Views 0 comment Print

CESTAT Chennai held that Royal Sundaram General Insurance Company paying Commission to unapproved dealers in the guise of receipt of ‘data processing and policy servicing and related activities’ service. Accordingly, since such service is not received by the company they are ineligible to avail CENVAT Credit of the same.

Bail Application of Manish Sisodia Rejected Under PMLA

August 7, 2023 843 Views 0 comment Print

Delhi High Court rejected the bail application of Sh. Manish Sisodia as twin conditions as provided under Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) not satisfied.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 1362 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

HC direct Center to consider exempting Primary Agricultural Cooperative Credit Societies from Section 194N purview

August 7, 2023 723 Views 0 comment Print

Madras High Court directed the Ministry of Finance, Government of India and CBDT to consider exempting primary agricultural cooperative credit societies from the purview of the provisions of Section 194N of the Income Tax Act, 1961.

Rejection of special auditor report without specifying reasons inexplicable

August 7, 2023 750 Views 0 comment Print

ITAT Chennai held that in the present case AO himself referred the matter for special audit u/s 142(2A), however, report of special auditor was later rejected without assigning any reasons for the same is in explicable.

Short-Term Capital Loss Addition Unsustainable: Transaction Not Bogus

August 7, 2023 663 Views 0 comment Print

ITAT Jaipur held that addition towards short term capital loss treating it as bogus unsustainable as transaction of purchase and sale of shares done through banking channel and STT duly paid thereon.

Bihar VAT: No VAT Deduction on Inter-State Sale of Goods under Works Contract

August 7, 2023 651 Views 0 comment Print

Patna High Court held that as the transaction is purely an inter-state sale of goods and is not a works contract nor a sale of goods exigible to tax within the State of Bihar, the illegal VAT deduction made by the Railways from the bills of the contractors needs to be refunded back.

ITAT Upholds invocation of Section 263 for demonetized Cash Deposit & Acceptance

August 6, 2023 1479 Views 0 comment Print

SAP Medicals Pvt. Ltd. vs. ITO: Appeal against ITAT’s 263 ruling. Explore demonetization cash deposit issue, legal analysis, and dismissal grounds.

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