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Judiciary

Interest by reference court u/s 28 of Land Acquisition Act is not chargeable to tax

June 30, 2023 2301 Views 0 comment Print

Held that the interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired, not chargeable to tax.

Order passed without proper service of notice u/s 147/148 is liable to be quashed

June 30, 2023 3804 Views 0 comment Print

ITAT Visakhapatnam held that the requirement of both the issuance and service of such notice upon the assessee for the purposes of Section 147 and 148 of the Act are mandatory jurisdictional requirements. Order passed is liable to be quashed on account of non-service of notice u/s 147/148.

No involvement of tea supplier in smuggling of poppy seeds – HC directs release of Tea Consignment

June 30, 2023 225 Views 0 comment Print

The recent ruling from the Calcutta High Court in the case of Madalyns Tea Enterprise Vs Senior Joint Commissioner provides key insights into the issue of smuggling and bogus E-Way Bills. Learn about the Court’s decision on releasing a detained tea consignment amidst allegations of poppy seed smuggling.

Goods and conveyance detained will be released upon payment of penalty and furnishing of a bank guarantee

June 30, 2023 909 Views 0 comment Print

HC directed Revenue Authority to release goods on conditions that assessee deposits a certain amount of penalty towards tax in lieu of confiscation of conveyance and furnish bank guarantee in lieu of confiscation of goods.

Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 2508 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

Software expense incurred for use of license not giving enduring benefit is revenue expenditure

June 30, 2023 1278 Views 0 comment Print

ITAT Mumbai held that the assessee has merely got the license to use the software for its daily business requirement and has never owned the same. Further, such expense was used for business purpose on yearly rent basis it has not given any enduring benefit. Hence, such expense are revenue in nature.

Renting of immovable property for hotel is excluded from the ambit of section 65(105)(zzzz)

June 30, 2023 1350 Views 0 comment Print

CESTAT Chennai held that renting of immovable property for a hotel is expressly excluded from the ambit of the taxable service in Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, demand not sustainable.

Karnataka HC Directs Fresh Consideration of ITC Refund Claim Rejection

June 30, 2023 981 Views 0 comment Print

Delve into the Karnataka High Court’s ruling on the extended limitation period for ITC refund claims, where the case of Hutti Gold Mines Company Ltd. Vs Union of India was examined.

Amount received towards IT and SAP charges not treatable as FTS hence not taxable

June 30, 2023 759 Views 1 comment Print

ITAT Delhi held that amount received from its Indian subsidiary towards IT and SAP charges cannot be treated as Fees for Technical Services (FTS) under Article 12(4)(a) of India – Portugal DTAA. Accordingly, additions unsustainable.

AO not empowered to withdraw or modify or substitute order passed u/s 143(3) with another order

June 30, 2023 1842 Views 0 comment Print

ITAT Delhi held that statue doesn’t empower the Assessing Officer to withdraw or modify or substitute the assessment order passed under Section 143(3) of the Income Tax Act with another assessment order.

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