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Judiciary

CESTAT Chennai Quashes BSNL’s Service Tax Demand for Telecom Services

July 28, 2023 750 Views 0 comment Print

CESTAT Chennai grants relief to Bharat Sanchar Nigam Limited (BSNL) by quashing the demand for service tax on telecom services for the period 01.06.2008 to 31.03.2011 due to the non-inclusion of an Explanation in Rule 5(1) of the Service Tax Rules.

Classification of Echo Dot Devices – Customs Authority Ruling

July 28, 2023 831 Views 0 comment Print

Read the full text of the customs authority’s ruling on the classification of Echo Dot (5th Gen) and Echo Dot (5th Gen) with clock. Learn about the principal function of these smart speakers and their eligibility for specific benefits under customs notifications.

Classification of ‘Self-ordering Kiosks’ imported in disassembled form

July 28, 2023 552 Views 0 comment Print

‘Self-ordering Kiosks’ imported in disassembled form into India, where Display Unit, Connection Box & Stand would be imported simultaneously, in a single shipment, then `Self-ordering Kiosk’ with components, display unit and connection box will have the essential character of complete or finished article i.e. ‘Cash Register’ and merit classification under Sub-heading 84705010 thereby eligible for exemption

Pre-01.04.2021 CPC cannot make Adjustments in section 80P Deduction

July 28, 2023 831 Views 0 comment Print

In an ITAT Kolkata ruling, deduction u/s 80P for AY 2019-20 was allowed due to timely filing within the due date specified by CBDT. The CPC’s adjustment was deemed beyond its jurisdiction before April 2021

Interest on Duty Drawback Refund Not a Penalty

July 28, 2023 2037 Views 0 comment Print

ITAT Bangalore held that interest paid towards refund of excess claim of duty drawback is not in the nature of penalty or fine. Accordingly, provisions of Explanation 1 to section 37(1) of the I.T. Act not violated.

Order passed in name of non-existing amalgamated company quashed

July 28, 2023 684 Views 0 comment Print

ITAT Mumbai held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and liable to be set aside.

Pharmacy Store Income Incidental to dominant object of running Hospital- Not Taxable

July 28, 2023 1512 Views 0 comment Print

ITAT Mumbai held that twin conditions as set out in section 11(4A) of the Income Tax Act are satisfied and income accrued from Pharmacy store is incidental to the dominant object of running Hospital. Hence, addition towards profits earned from Pharmacy Store not taxable.

Without Mutuality of Interest, Rule 8 of Central Excise Valuation Rules, 2000 Inapplicable

July 28, 2023 540 Views 0 comment Print

CESTAT Chandigarh sets aside penalty and interest imposed on Punj Brothers Limited for non-payment of customs duty on clearance of goods, citing limitation and lack of mutuality of interest between the parties. The case involved related party transactions and application of Rule 8 of the Central Excise Valuation Rules, 2000.

CESTAT Upholds Penalty for Mis-declared Quantity of Imported LED Lights

July 28, 2023 648 Views 0 comment Print

CESTAT Delhi upholds penalty imposed under section 114AA of the Customs Act on M/s Surendra Electricals for mis-declaration of the quantity of LED lights in the bill of entry.

Trust Registration Depends on Charitable Objects, Not Activities: ITAT

July 28, 2023 738 Views 0 comment Print

ITAT Raipur quashes CIT(E)’s rejection of registration u/s 12AA for Agrasen Jan Kalyan Trust. The appeal highlights that activities should not decide registration, but rather the charitable objects.

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