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Judiciary

Denial of CENVAT credit merely because invoice didn’t mentioned event details is unjustified

May 5, 2023 885 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT credit of ‘event management services’ merely because invoice didn’t mention what event was being organized is unjustified.

Addition u/s 69 based on loose papers sustained on failure to contradict facts found during search

May 5, 2023 879 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act on unaccounted, undisclosed income on the basis of the seized loose papers sustained as assessee failed to discharge his onus by contradicting the facts found during search proceedings.

Letting out of halls/ rooms by hotels and restaurants for organizing function is covered under ‘mandap keeper service’

May 5, 2023 1947 Views 0 comment Print

CESTAT Delhi held that service tax is leviable on services provided by hotels and restaurant in relation to letting out of halls or rooms for organizing any official, social or business function under ‘mandap keeper’ service.

Any other amount charged not for providing taxable service cannot be part of valuation

May 5, 2023 723 Views 0 comment Print

CESTAT Chennai held that any other amount, other than gross amount charged for providing taxable service, which is calculated not for providing such taxable service cannot a part of that valuation as that amount is not calculated for providing such ‘taxable service’.

Disallowance of short term capital loss merely based on information from investigation wing is unsustainable

May 5, 2023 1599 Views 0 comment Print

ITAT Mumbai held that disallowance of short term capital loss incurred on sale of shares by mechanically applying the information received from investigation wing is unsustainable in law.

GST on Subsidized Canteen Services for Employees

May 5, 2023 4320 Views 0 comment Print

Explore the ramifications of GST on subsidized canteen services provided to employees, according to the Factories Act, 1948. Understand how recent court rulings and legal interpretations influence the tax implications of these services

Exemption u/s 54 available even if capital gain is invested in more than one residential houses

May 5, 2023 10386 Views 1 comment Print

ITAT Delhi held that benefit of exemption under section 54 of the Income Tax Act available even if capital gain is invested in purchasing more than one residential houses within stipulated time limit.

Borrowing funds at higher rate & lending to director shows diversion of funds for non-business purpose

May 5, 2023 1065 Views 0 comment Print

Asuda Holdings Private Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that there is a clear diversion of funds for non-business purpose as funds are borrowed @18% and lended the same to one of its directors at 13.5%. Accordingly, disallowance under section 36(1)(iii) sustained. Facts- AO observed that assessee has taken loan from M/s. Elevators […]

Extended period of limitation cannot be invoked if no suppression of facts

May 5, 2023 678 Views 0 comment Print

Fact of suppression, etc., has not been established by the Revenue to justify invoking the extended period of limitation

Addition without Considering Submissions of Assessee – ITAT restores matter

May 5, 2023 651 Views 0 comment Print

Rupa Mahesh Gandhi Vs ITO (ITAT Ahmedabad) As transpires from the orders of the authorities below, the addition to the income of the assessee on account of unexplained investment in Bombay Stock Exchange of Rs.25,21,525/- and unexplained source of payment of credit card amounting to Rs.3,45,000/- was made in the absence of any details submitted […]

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