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Judiciary

ITAT Mumbai: Interest Receivables Treated as Loan to AE, TP Adjustment Confirmed

July 25, 2023 1245 Views 0 comment Print

ITAT Mumbai held that TPO rightly treated interest receivables as a loan outstanding given by assessee to its Associated Enterprises (AE) and charging interest on the same.

TDS Not Deductible on Supplemental Rent for Foreign Aircraft Lease

July 25, 2023 996 Views 0 comment Print

ITAT Delhi held that supplemental rent/maintenance reserve would be exempt from tax in the hands of lesser in India as per Section 10(15A) of the Act and hence, no disallowance u/s 40(a)(ia) for non-deduction of TDS. Hence, TDS not deductible on such amount paid to foreign company for acquiring aircraft on lease.

Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 270 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

Addition for Share Capital & Premium without Complete investigation & Application of mind: ITAT Directs Re-adjudication

July 25, 2023 285 Views 0 comment Print

In the case of Goldline Dealers Pvt Ltd vs. ITO, ITAT Kolkata directs re-adjudication due to incomplete investigation & application of mind on the issue of Addition for Share Capital & Premium. Read the full text of the ITAT order.

Demanding legitimate dues is not extortion under Section 385 of IPC

July 25, 2023 1635 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the proceedings under Section 385 of IPC pertaining to extortion as in the present case, the petitioners acted as per the agreement between the parties to demand their legitimate dues.

Surmises & generic arguments in Appeal grounds: CESTAT Dismisses Revenue Appeal

July 25, 2023 333 Views 0 comment Print

CESTAT Chennai dismissed the revenue appeal for lack of concrete grounds of appeal, with the arguments being merely surmises and generic.

Appellate Court Cannot enhance Fines Beyond Magistrate’s Jurisdiction under IPC Sections 419 & 420

July 25, 2023 1143 Views 0 comment Print

Chhattisgarh High Court held that enhancement of fine amount u/s 419 & 420 of IPC exceeding the jurisdiction of the Magistrate by the appellate Court is not in accordance with law and the same is not sustainable.

Calibration Tests & Appliance Upgrades don’t Constitute Manufacturing

July 25, 2023 192 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence.

Earphones are not part of mobile phones- CESTAT Allows Customs Duty Exemption

July 25, 2023 1098 Views 0 comment Print

In a recent case, CESTAT Delhi ruled that imported earphones are not considered parts of cellular mobile phones and qualify as accessories, allowing them customs duty exemption.

ITAT Remands Matter to CIT(A) for Failure to Adjudicate on Merits

July 25, 2023 384 Views 0 comment Print

Read the full text of ITAT Delhi’s order in the case of Sadhna Goyal vs DCIT, where the appeal was allowed due to a violation of the principle of natural justice.

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