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Judiciary

CESTAT allows deduction on account of Octroi and Additional Sales Tax

May 31, 2023 228 Views 0 comment Print

In a significant ruling, CESTAT Chandigarh affirms deductions for Octroi and Additional Sales Tax in Fresenius Kabi Oncology case, emphasizing clarity in show cause notices.

Amendment in section 155(19) to be considered while dealing with excess sugar cane price above FRP

May 31, 2023 1230 Views 0 comment Print

ITAT Pune held that excess sugar cane prices over and above the Fair and Remunerative Price (FRP) fixed by the Government is to be determined as per latest statutory amendment in Section 155(19) of the Income Tax Act.

Literal interpretation of language of Section 245A of Income Tax Act is justified

May 31, 2023 768 Views 0 comment Print

Delhi High Court held that the legislative history of Section 245A of the Income Tax Act indicates that the proceedings for assessment, re-assessment and re-computation u/s. 148, prior to issuance of notice u/s. 148 of the Act, were excluded from the scope of the definition of the term ‘case’. Literal interpretation of language of section 245A is justifiable.

Non-satisfaction of twin conditions for invoking jurisdiction u/s 263 renders proceedings unsustainable

May 31, 2023 822 Views 0 comment Print

ITAT Delhi held that for invoking revisional jurisdiction u/s 263 it is necessary to satisfy twin conditions i.e. one being that order should be erroneous and second, such order should be prejudicial to the interests of the Revenue. Non-satisfaction of the conditions renders the proceedings unsustainable.

Depreciation on goodwill allowable once existence of goodwill is established

May 31, 2023 1485 Views 0 comment Print

ITAT Hyderabad held that the net balance of purchase consideration paid, and the value of net assets acquired is Goodwill and once the existence of Goodwill is established, Depreciation on such goodwill cannot be questioned further.

GST Registration cannot be cancelled by merely describing Firm as Bogus: Allahabad HC

May 31, 2023 1677 Views 0 comment Print

Allahabad High Court ruled that cancellation of GST registration cannot be solely based on labeling a firm as bogus. Court quashed orders passed by authorities

GST on Education Services for Commercial Pilots’ License Extension Training

May 31, 2023 3585 Views 0 comment Print

Understand the recent AAR ruling’s impact on GST for education and training services provided to commercial pilots seeking ATR extension. Dive into the detailed analysis of qualification recognition and its consequences.

Assessment Order Without Mandatory Din Is Null and Void as It Is in Violation of CBDT Circular

May 31, 2023 3123 Views 0 comment Print

Read about Pratap Singh Yadav’s appeal against an assessment order, citing violation of CBDT Circular No.19/2019 requiring DIN. Learn how the tribunal ruled the order as invalid.

Interest on delay of Service Tax Refund must be payable from date of deposit till date of payment

May 31, 2023 3054 Views 0 comment Print

Assessee was entitled to claim interest on delayed refund must be payable from the date of deposit till the date of payment.

Reassessment proceedings u/s 147 unsustainable on account of change of opinion

May 31, 2023 606 Views 0 comment Print

ITAT Delhi held that reassessment proceedings initiated u/s 147 of the Income Tax Act unsustainable as sufficient enquiry was made by AO on the impugned transaction and hence it tantamount to change of opinion on part of AO.

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