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Judiciary

Freight & handling charges separately shown in invoice not includible in assessable value

May 1, 2023 4575 Views 0 comment Print

CESTAT Ahmedabad held that amount charged as freight and handling charges which are separately shown in the invoices cannot be included in the assessable value under section 4 of the Central Excise Act, 1944.

Service tax not leviable on construction of residential complex under JNNURM and for Gujarat State Police

May 1, 2023 675 Views 0 comment Print

CESTAT Ahmedabad held that the Construction of Residential Complex under Jawaharlal Nehru National Urban Renewal Mission (JNNURM) Scheme and construction of residential housing for Gujarat State Police Housing Corporation Ltd. is not liable to service tax.

Duty demand unsustainable in absence of under-valuation in costing of the product

May 1, 2023 261 Views 0 comment Print

CESTAT Kolkata held that central excise duty demand not sustainable as there was no under-valuation in the costing of the product i.e. footwear components.

Date of presentation of cheque should be deemed as date of payment of employee contribution

May 1, 2023 2100 Views 0 comment Print

ITAT Amritsar held that date of presentation of cheque should be taken as date of payment. Accordingly, payment of employee contribution is deemed to have been made on the date of presentation of cheque.

Penalty u/s 271(1)(c) not leviable on addition due to difference of opinion

May 1, 2023 1767 Views 0 comment Print

ITAT Kolkata held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as computation of income resulting into higher income is only a difference of opinion.

Enhancement of amount without issuance of notice by CIT(A) unjustified

May 1, 2023 879 Views 0 comment Print

Uttarakhand High Court held that issuance of notice by Commissioner (Appeals) mandatory in terms of section 251(2) of the Income Tax Act before enhancing the assessment.

Addition u/s 68 sustained as no explanation of nature and source of credit provided

May 1, 2023 726 Views 0 comment Print

ITAT Delhi held that addition of unexplained credit u/s 68 of the Income Tax Act sustained as the appellant failed to provide any explanation with regard to the nature and source of the credit.

Value of bought out items supplied with manufactured goods not includible in assessable value

May 1, 2023 528 Views 0 comment Print

CESTAT Ahmedabad held that value of bought out items supplied along with manufactured goods cannot be included in the assessable value of the manufactured goods.

Deduction u/s 80IAB available to interest income from FD, customer’s receipts and business advances

May 1, 2023 972 Views 0 comment Print

ITAT Ahmedabad held that interest income related to FD interest, interest from customer’s receipts and interest income from business advances is eligible for deduction under section 80IAB of the Income Tax Act.

Waiver of cash loan not income within the purview of section 28(iv)

May 1, 2023 1272 Views 0 comment Print

ITAT Pune held that waiver of cash loan by holding company is not income within the purview of section 28(iv) of the Income Tax Act. Accordingly, addition unsustainable.

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