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Judiciary

Order misplaced due to office renovation – Delhi HC refuses to Condone by revenue in appeal filing

May 10, 2023 678 Views 0 comment Print

Commissioner of Customs Vs Sadanand Chaudhary (Delhi High Court) It would be necessary for this Court to decide whether the delay in filing the same is required to be condoned. The present appeal was filed on 30.07.2019, which was after the delay of 307 days. Court observed that application seeking condonation of delay is bereft […]

Mere transfer of right to use any goods or transfer of goods to be used in works not amounts to ‘sale’

May 10, 2023 1749 Views 0 comment Print

Jammu and Kashmir High Court held that mere transfer of right to use any goods or even transfer of goods to be used in works or not shall not be a ‘sale’ unless it is supported by consideration.

Deposit insurance activity of DICGC falls within ambit of ‘General Insurance Business’

May 10, 2023 1035 Views 0 comment Print

CESTAT Mumbai held that the deposit insurance activity of Deposit Insurance and Credit Guarantee Corporation, Mumbai (DICGC) falls within the ambit of section 65(105)(d) of the Finance Act, 1994 and is chargeable to Service Tax under “General Insurance Business”.

Customs: Re-valuation of goods without rejection of transaction value is invalid

May 10, 2023 978 Views 0 comment Print

CESTAT Delhi held that re-valuation of goods without first rejecting the transaction value of the goods is not in accordance with law. Show cause notice without proposal of rejection of transaction value or demanding differential duty is both speculative and presumptive.

Amalgamation scheme effective from the date it was sanctioned by High Courts: SC

May 10, 2023 1992 Views 0 comment Print

Amalgamation scheme takes effect only on and from the date it was sanctioned by the High Courts of Madras and Calcutta coupled with the date on which the shareholders of the Subsidiary Company becomes the shareholders of the Holding Company as provided in the sub-clauses. T

Disallowance of expense already disallowed by Assessee amounts to double disallowance

May 10, 2023 2352 Views 0 comment Print

Ld. AO has disallowed the provision for sick leave amounting to Rs. 80,51,334/- which has already been disallowed by the assessee in its computation of taxable income. Para 5.15 of CIT(A)’s order at page 17 refers. Therefore, sustenance thereof will amount to double disallowance.

Order attaching accounts u/s 5 of PML Act unsustainable as passed without recording reasons

May 10, 2023 522 Views 0 comment Print

Andhra Pradesh High Court held that department cannot pass order under section 5 of the Prevention of Money Laundering Act, 2002 (PML Act) without recording of proper reasons. Accordingly, the order attaching the accounts is set aside.

No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable

May 10, 2023 336 Views 0 comment Print

Vrl Logistics Ltd Vs C.C (CESTAT Ahmedabad) No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable We find that the issue in the present matters relates to the grant of benefit of Notification No. 21/2002-Cus., dated 1-3- 2002 as amended by Notification No. 61/2007-Cus. […]

Foreign tax credit against form 67 filed before completion of assessment is duly allowable

May 10, 2023 2814 Views 0 comment Print

ITAT Mumbai held that foreign tax credit duly available even if form no. 67 is filed along with the revised return as the form is filed before the completion of the assessment.

Cost of improvement allowed for purchase of AC, curtains, light fittings while computing capital gains

May 10, 2023 4350 Views 0 comment Print

ITAT Chennai held that deduction towards purchase of air conditioner, furnishing of curtains, light fittings is allowable as cost of improvement while computing capital gains.

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