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Judiciary

No restriction on utilization of Cenvat credit during default period: CESTAT Kolkata

May 3, 2023 597 Views 0 comment Print

CESTAT find that the demand in the instant case has been raised for contravention of Rule 8(3A) ibid restricting utilization of Cenvat credit during the period of default which provision has been declared ultra vires/invalid by Court, hence the demand cannot be sustained and the Appeal, thus, succeed on this count.

Good cannot be treated as smuggled Merely for foreign origin of goods

May 3, 2023 441 Views 0 comment Print

Mere fact that foreign origin of goods does not ipso facto lead to inevitable conclusion that the same are of smuggled character

Service Tax cannot be demanded from Service provider if recipient paid the same

May 3, 2023 1497 Views 0 comment Print

Lovely Traders Vs CCE & ST (CESTAT Chandigarh) Appellant submits that the appellant is not liable to pay service tax on the commission received by them. He further submits that BSNL has discharged service tax liability on full value equal to MRP (maximum retail price) which was inclusive of the appellant’s discount/ commission and hence […]

CHA Licence cannot be revoked if No Explicit Findings that CHA Abetted in Contravening Customs Act Provisions

May 3, 2023 756 Views 0 comment Print

Tribunal has come to a conclusion that no explicit findings have been given by the other Adjudicating Authority to the effect that the present Appellant has abetted in contravening any provisions of Customs Act.

ITAT allows Foreign Tax Credit as ITR & Form 67 filed within extended due date

May 3, 2023 1818 Views 0 comment Print

Foreign Tax Credit allowable as assessee filed return of income & statement in Form-67 within due dates as extended by Finance Ministry

Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 957 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

Appeal Filing delay cannot be condoned if Cause not supported by evidence

May 3, 2023 1074 Views 0 comment Print

Assessee has made a vague claim of medical reasons without any supporting evidences to justify his stand that he was suffering from ill-health and Doctors advised him to take rest.

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 822 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Section 148 notice without Higher Authority Approval is invalid

May 3, 2023 2517 Views 0 comment Print

Before issuance of notice under Section 148 of the Act, approval of the higher authorities is a mandatory statutory requirement.

Interest on deposits cannot be treated as business Income for Section 44AD

May 3, 2023 3003 Views 0 comment Print

Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such interest income

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