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Judiciary

Exemption benefit not deniable based on Doctrine of Substantial Compliance

May 3, 2023 2079 Views 0 comment Print

CESTAT Kolkata held that based on Doctrine of Substantial Compliance, exemption benefit of notification no. 23/2004 dated 09.07.2004 and 5/2006 dated 01.03.2006 cannot be denied.

Re-computation of capital gains by lower value of consideration for sale of equity shares allowed

May 3, 2023 900 Views 0 comment Print

ITAT Mumbai held that re-computation of capital gains by considering the lower value of consideration for the sale of equity shares of the subsidiary company allowable as the genuineness of the same is proved.

Tax on sale of property belonging to father is not leviable on son

May 3, 2023 7386 Views 0 comment Print

ITAT Amritsar held that the assessee is not liable for payment of tax related to sale of property which belong to his father. Accordingly, addition liable to be quashed.

Govt Employees not entitled to claim Double Over Time Allowance under Factories Act, 1948: SC

May 3, 2023 729 Views 0 comment Print

SC held that employees of Government of Maharashtra, not entitled to claim Double Over Time Allowance under Chapter VI of Factories Act, 1948

Loss on foreign exchange fluctuation while repaying loan taken to import machinery is capital expenditure

May 3, 2023 1368 Views 0 comment Print

ITAT Hyderabad held that loss on foreign exchange fluctuation in respect of loan taken to import machinery is to be added to the cost of the asset and not allowed as revenue expenditure.

Third party cost incurred is CUP for reimbursement of expenses to AE

May 3, 2023 879 Views 0 comment Print

ITAT Mumbai held that when the transaction is in the reimbursement of expenses to AE, the third party cost incurred is a Comparable Uncontrolled Price (CUP) for the reimbursement. Accordingly, adjustment proposed is directed to be deleted.

Service Tax not leviable on Incentives for achieving Sales Targets

May 3, 2023 1365 Views 0 comment Print

Incentive received for achieving sales target is in the form of a trade discount and same cannot be considered as a service under business auxiliary service category for levy of service tax

Mere cash deposit in bank not sufficient to believe Escapement of Income

May 3, 2023 2493 Views 0 comment Print

Only information in possession of AO for assuming jurisdiction to reopen case was that of cash deposited in bank account of assessee

No Penalty for Concealment of Income on Ad-hoc Addition reduced by ITAT

May 3, 2023 1071 Views 0 comment Print

Sawailal Bhatti Vs ITO (ITAT Mumbai) ITAT find that the assessee had filed all the details of purchases and corresponding sales had not been doubted. The sources of purchases are from the books and overall trading results have been accepted. Only allegation is that assessee has taken accommodation bills for the purchase of items to […]

Section 112(b)(ii) of Customs Act – Mens rea important for imposing penalty

May 3, 2023 1902 Views 0 comment Print

mens rea is an important ingredient for imposing penalty on the persons enumerated in Section 112(b) of the Customs Act, 1962.

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