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Judiciary

CVD based on retail sale price in case of prepared glues and other prepared adhesives justified

June 20, 2023 354 Views 0 comment Print

CESTAT Chennai held that collection of CVD on basis of retail sale price in terms of Notification No. 49/2008-C.E.(N.T.) dated 24.12.2008 issued under Section 4A of the Central Excise Act, 1944 in case of prepared glues and other prepared adhesives justified.

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 4533 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

Disallowance u/s 40(a)(ia) on account of non-deduction of TDS restricted to 30%

June 20, 2023 1941 Views 0 comment Print

ITAT Ahmedabad held that post amendment to section 40(a)(ia) of the Income Tax Act, as introduced vide Finance (No.2) Act, disallowance on account of non-deduction of TDS is restriction to 30% of the expenditure as against 100%.

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 1890 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

ITAT allows interest expense liability provision

June 20, 2023 405 Views 0 comment Print

An overview of the ITAT Mumbai ruling in Hitesh Shantilal Mehta Vs DCIT, where the Tribunal deleted an addition by disallowance of interest expenses accrued from investments in shares and securities

Pre-Deposit Appeal: Delhi High Court Dismisses Plea for Waiver

June 20, 2023 672 Views 0 comment Print

Delhi High Court’s ruling on Classic Decorators’ appeal for a pre-deposit waiver against a limitation-barred service tax demand order

Reassessment without proper hearing- ITAT direct re-adjudication

June 20, 2023 675 Views 0 comment Print

In the case of Rakhi Gautam Vs ITO (ITAT Indore), the ITAT has ordered re-adjudication due to a lack of proper hearing. Notices were sent to the registered email ID instead of physical form.

NCLAT allows Opportunity to Object Resolution Plan Granted

June 20, 2023 378 Views 0 comment Print

Examine the recent NCLAT Delhi verdict in the UTI Employees Sai Samruddhi Cooperative Housing Society Vs PNB Housing Finance Ltd. & Ors. case, emphasizing the significance of allowing objections in resolution plans.

Sections 234A to 234D interest is Consequential & Mandatory: ITAT Chennai

June 20, 2023 345 Views 0 comment Print

ITAT Chennai ruling on consequential and mandatory nature of interest under sections 234A to 234D in case of Iljin Automotive Pvt Ltd vs DCIT

No Late Fees under Section 234E Before June 1, 2015: ITAT Chennai

June 20, 2023 354 Views 0 comment Print

ITAT Chennai in Bank of India vs ACIT case decides on applicability of TDS late fees under section 234E before June 2015,

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