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Judiciary

AO cannot Rectify PCIT’s Mistake under VSVS Scheme: ITAT Delhi)

August 3, 2023 1194 Views 0 comment Print

Explore the case Dariyav Singh Vs ITO. Understand why the Assessing Officer was deemed unfit to rectify the Principal CIT’s mistake in form 5 under VSVS Scheme.

ITC cannot be claimed without payment of GST to Government as registration of Supplier cancelled prior to date of supply: Madras HC

August 3, 2023 42132 Views 2 comments Print

Read about the recent Madras High Court ruling that denies Input Tax Credit (ITC) if tax hasn’t been paid to the government. Analysis and implications for businesses dealing with suppliers with cancelled GST registrations.

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

August 2, 2023 2619 Views 0 comment Print

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 1722 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

Refund Granted for Seized Amount under FERA Due to Recorded Transactions in IT Returns

August 1, 2023 624 Views 0 comment Print

In present facts of the case, the Hon’ble High Court granted refund to the petitioner along with Interest from year 1988 for the cash which was seized without any corroboration and the said cash was also duly reflected in Income Tax Returns.

Service tax cannot be levied if demand raised under a wrong Head

August 1, 2023 939 Views 0 comment Print

In the case of Raj Inter Decor Pvt. Ltd. vs. Commissioner of Central Excise, CESTAT Chandigarh ruled that service tax cannot be levied for a composite contract under the wrong head.

No Penalty on Voluntary Section 43B Disallowance Enhancement

August 1, 2023 702 Views 0 comment Print

Delhi High Court supports Valley Iron & Steel Co.’s voluntary enhancement of disallowance under Section 43B of the Income Tax Act. Detailed analysis and implications here.

Section 54 Exemption cannot be denied Without Hearing on Property Purchases in Son’s Name

August 1, 2023 663 Views 0 comment Print

Delhi High Court rules in favour of a woman denied Section 54 tax exemption without hearing. Court mandates fairness and compliance with law.

Vehicle Sale’s Handling Charges Exempt from Service Tax if VAT Applied

August 1, 2023 1104 Views 0 comment Print

CESTAT Ahmedabad rules no service tax leviable on VAT-subjected vehicle sales, in Jivan Jyot Motors Pvt Ltd Vs Commissioner of Central Excise & ST.

HC quashes Posthumous Assessment Order Under Section 148A(b) of IT Act

August 1, 2023 651 Views 0 comment Print

Calcutta High Court sets aside an assessment order after the death of the noticee prior to the initiation of proceedings under Section 148A(b) of IT Act.

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