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Judiciary

Interest paid for loan taken to pay compensation as part of family arbitration award cannot be claimed as deduction u/s 48

July 19, 2023 591 Views 0 comment Print

ITAT Panaji held that payment of interest on loan taken for paying compensation to the family members of the assessee pursuant to an arbitral award on family settlement has nothing to do with LTCG on sale of the said capital asset. Accordingly, payment of such interest cannot be claimed as deduction u/s 48.

Order confirming demand under ‘Cargo Handling Service’ which was not proposed in notice is unsustainable

July 19, 2023 543 Views 0 comment Print

CESTAT Kolkata held that there was no proposal to demand service tax under ‘Cargo Handling Service’ in the Notice, however, in the impugned order the adjudicating authority classified the services under ‘Cargo Handling Service’. Hence, adjudicating authority has travelled beyond the scope of the Notice, which is legally not sustainable.

Karnataka HC Dismisses Manipal Finance Appeal Over Monetary Limit Constraints

July 19, 2023 606 Views 0 comment Print

The Karnataka High Court dismisses an appeal involving Manipal Finance Corporation Limited due to monetary limitations, based on Circular No.17 of 2019 by the Central Board of Direct Taxes.

Section 153D Approval Invalid Without Assessment Records: No Cure Under Section 292B

July 19, 2023 1281 Views 0 comment Print

PCIT Vs Anuj Bansal (Delhi High Court)Approval Under Section 153D Given Without Considering Assessment Records and Seized Material Invalid and Not Curable Under Section 292B of Income Tax Act, 1961

No Service tax on incentives received by travel agents from airlines or CRS companies

July 19, 2023 1875 Views 0 comment Print

HC held that Performance linked bonus (PLB) and Computer reservation service (CRS) fees received by airline agents are not subject to service tax under the category of ‘Business Auxiliary Services’ (BAS).

Madras HC upheld rejection of stay order by DCIT as petitioner filed stay application with CIT

July 19, 2023 705 Views 0 comment Print

A comprehensive breakdown of the Doosan vs DCIT case, in which the Madras High Court upheld the DCIT’s rejection of a stay order.

HC Directs Consideration of Refund Applications under Customs Act, 1962 (Section 27 & 27A)

July 19, 2023 477 Views 0 comment Print

The Madras High Court has quashed an order rejecting the refund application of SIBCO Overseas Pvt Ltd under Section 27A of the Customs Act, directing a fresh hearing.

Mismatch in Form 26AS and ITR: ITAT Directs Re-adjudication

July 19, 2023 10122 Views 0 comment Print

In the recent case of Sandhya Agarwal Vs ACIT, ITAT Kolkata orders re-adjudication due to a mismatch between contract receipts in Form 26AS and Income Tax Return.

Bogus Purchase – Sales turnover cannot be achieved without purchasing materials

July 19, 2023 6462 Views 0 comment Print

Explore the intricate details and implications of the ITAT Mumbai ruling in the ITO vs Mayur R. Kamdar case. Delve into the tax implications of alleged bogus purchases and understand how this landmark case has unfolded.

Unsustainable Demand: Cenvat Credit Reversed on Exempted Services

July 19, 2023 726 Views 0 comment Print

An insightful analysis of the CESTAT Ahmedabad’s ruling in Magnam Netlink Pvt. Ltd. Vs C.C.E. & S.T case, emphasizing the legality of cenvat credit reversal on exempted services like “Trading”.

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