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Judiciary

Provision for Warranty Expenses allowed as business expense u/s 37

June 23, 2023 984 Views 0 comment Print

Jharkhand High Court held that ‘Provision for Warranty Expenses’ is allowable as business expense as large number of sophisticated goods were manufactured in past and if facts established show that defects existing in some of items manufactured and sold then provision for warranty is entitled to deduction.

Non-satisfaction of twin conditions doesn’t sustain revisionary jurisdiction u/s 263

June 23, 2023 828 Views 0 comment Print

ITAT Pune held that revisionary jurisdiction under section 263 of the Income Tax Act unjustified in absence of satisfying twin conditions which is mandatory preceded the invocation of revisionary jurisdiction.

Re-assessment notice time barred as conditions prescribed under 1st proviso to section 147 not complied

June 23, 2023 1335 Views 0 comment Print

ITAT Delhi held that the re­assessment notice issued under Section 148 is clearly time barred owing to non compliance conditions prescribed on 1st proviso to Section 147 of the Act. Accordingly, re-assessment proceeding is illegal and without jurisdiction.

Rejection of rectification application filed u/s 161 justified due to non-cooperation during assessment

June 23, 2023 1344 Views 0 comment Print

Madras High Court held that rejection of rectification application filed under section 161 of the Goods and Service Tax Act, 2017 justified as the petitioner has not cooperated in the course of assessment.

Income accruing or arising in the hands of minor is added to parent’s total income

June 23, 2023 636 Views 0 comment Print

Kerala High Court held that provisions of section 64(1)(v) of Income Tax Act clearly states that income accruing or arising in the hands of a minor child will be added to the parent’s total income.

Service Tax Refund Claim Filed Beyond Time Limit – CESTAT Upholds Rejection

June 23, 2023 1506 Views 0 comment Print

CESTAT Kolkata decision in Om India Trading Company Private Limited Vs Commissioner of CGST & Central Excise case, upheld the rejection of a service tax refund claim filed beyond stipulated time limit under Section 11B of Central Excise Act.

Apprehensions of Non-Consideration of Reply – HC dismisses Writ

June 23, 2023 492 Views 0 comment Print

Rajasthan High Court reassures petitioner’s right to a fair response in the case of Sodhani Sweets Pvt. Ltd. Vs Joint Commissioner, dismissing worries over the GST authorities’ consideration of the reply.

ITAT directs AO to Verify & Grant Credit for Dividend Tax Payment

June 22, 2023 684 Views 0 comment Print

ITAT Delhi case where Catvision Ltd was wrongfully demanded Dividend Distribution Tax by the AO despite timely payments.

Calcutta HC dismisses Writ Petition due to unjustifiable delay in its submission

June 22, 2023 678 Views 0 comment Print

Calcutta High Court case between Saru Kankani and Union of India, focusing on the consequences of unjustified delays in filing legal actions.

Ambiguity in Second Appeal Jurisdiction: CESTAT Dismisses Precautionary Appeal

June 22, 2023 204 Views 0 comment Print

Unravel the complexity of the case between Amadeus Software Labs India Pvt Ltd and the Commissioner of Central Tax (CESTAT Bangalore), involving ambiguity over the jurisdiction for a second appeal in tax rebate matters.

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