ST – Sale of space or time for advertisement service – Consideration received in advance on 21.04.2006 when no levy was in existence – demand of tax cannot be sustained: CESTAT

2019-TIOL-2545-CESTAT-DEL IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALWEST BLOCK NO 2, R K PURAM, PRINCIPAL BENCHNEW DELHI-110066 ST RoA No. 50463/2018 with ST Appeal No. 345 of 2012…

Continue Reading ST – Sale of space or time for advertisement service – Consideration received in advance on 21.04.2006 when no levy was in existence – demand of tax cannot be sustained: CESTAT

CX – Assessee pays royalty to parent company and the same is directly related to manufacturing process of final products, hence credit related to IPR service is eligible: CESTAT

2019-TIOL-2544-CESTAT-BANG IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALSOUTH ZONAL BENCH, BANGALORE Appeal No. E/21017/2018-SM Arising out of Order-in-Appeal No. 176/2018-CT, Dated: 13.03.2018Passed by the Commissioner of Central Tax,…

Continue Reading CX – Assessee pays royalty to parent company and the same is directly related to manufacturing process of final products, hence credit related to IPR service is eligible: CESTAT

Cus – Import of firecrackers which are prohibited items – appellant had filed online bill of entry for said import – use of the expression “must have” been aware of the goods declared while imposing penalty is indicative that AA is unsure about role played – penalty set aside: CESTAT

2019-TIOL-2542-CESTAT-ALL IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, ALLAHABADCOURT NO. I Customs Appeal No. 70167 of 2018 Arising out of Order-in-Original No.12/PR.COMMR./NOIDA-CUS/2016-17, Dated: 28.10.2016Passed by Principal Commissioner,…

Continue Reading Cus – Import of firecrackers which are prohibited items – appellant had filed online bill of entry for said import – use of the expression “must have” been aware of the goods declared while imposing penalty is indicative that AA is unsure about role played – penalty set aside: CESTAT

Penalty levied u/s 271(1)(c) is not justifed if AO fails to establish any concealment of material facts or furnishing of inaccurate particulars by assessee: ITAT

2019-TIOL-1691-ITAT-AHM IN THE INCOME TAX APPELLATE TRIBUNALAHMEDABAD 'B' BENCH ITA No. 347/Ahd/2017Assessment Year 2001-02 DEPUTY COMMISSIONER OF INCOME TAXCIR-2(1)(1), BARODA Vs M/s SUN PHARMACEUTICALS INDUSTRIES LTDSPARC AKOTA ROAD, AKOTA, VADODARA-390020PAN…

Continue Reading Penalty levied u/s 271(1)(c) is not justifed if AO fails to establish any concealment of material facts or furnishing of inaccurate particulars by assessee: ITAT

Relaxation in monetary limits for filing Departmental appeals as per relevant CBDT Circular, has retrospective effect: ITAT

2019-TIOL-1690-ITAT-RANCHI IN THE INCOME TAX APPELLATE TRIBUNALBENCH, RANCHI ITA No.123/Ran/2019Assessment Year: 2014-2015 DEPUTY COMMISSIONER OF INCOME TAXRANCHI Vs JAMSHEDPUR DIOCESAN CORPORATION230, BISHOP'S HOUSE, CHURCH ROADGOLMURI, JAMSHEDPURPAN NO:AAATJ0637J Chandra Mohan Garg,…

Continue Reading Relaxation in monetary limits for filing Departmental appeals as per relevant CBDT Circular, has retrospective effect: ITAT

Principles of res judicata are not applicable to income tax proceedings and Revenue authorities are permitted to tax same income under different heads, than those from previous years: ITAT

2019-TIOL-1689-ITAT-RANCHI IN THE INCOME TAX APPELLATE TRIBUNALBENCH, RANCHI ITA No.47/RAN/2018Assessment Year: 2014-2015 M/s JOKHIRAM DURGADUTTSARAWGI HOUSE, JJ ROADUPPER BAZAR, RANCHI-834001PAN NO:AABFJ2200Q Vs DEPUTY COMMISSIONER OF INCOME TAXCIRCLE-1, RANCHI Chandra Mohan…

Continue Reading Principles of res judicata are not applicable to income tax proceedings and Revenue authorities are permitted to tax same income under different heads, than those from previous years: ITAT

Departmental appeal on merits cannot be filed before ITAT if the tax effect does not cross monetary limit of Rs 50 lakh: ITAT

2019-TIOL-1688-ITAT-RANCHI IN THE INCOME TAX APPELLATE TRIBUNALBENCH, RANCHI ITA No.87/Ran/2017Assessment Year: 2013-14 INCOME TAX OFFICERWARD -1(3), RANCHI Vs KAWALJEET SINGH12, P P COMPOUND, MAIN ROAD, RANCHIPAN NO:AOFPS5713K Chandra Mohan Garg,…

Continue Reading Departmental appeal on merits cannot be filed before ITAT if the tax effect does not cross monetary limit of Rs 50 lakh: ITAT

Estimation of GP merits being restricted for possible leakage of Revenue, if assessee fails to maintain stock register of trade commodities: ITAT

2019-TIOL-1687-ITAT-DEL IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'SMC' NEW DELHI ITA No.660/Del/2019Assessment Year: 2011-12 SHRI RAGHUNATH TRADERS2046, KATRA TOBACOO, KHARI BAOLI, DELHIPAN NO:AABFS5596C Vs INCOME TAX OFFICERWARD-29 (1), NEW DELHI…

Continue Reading Estimation of GP merits being restricted for possible leakage of Revenue, if assessee fails to maintain stock register of trade commodities: ITAT

Even if AO of searched person has no doubt that seized materials have bearing on determination of total income of assessee, then also AOs of both searched person and assessee must record separate satisfaction u/s 153C: ITAT

2019-TIOL-1686-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'F' MUMBAI ITA No.1547/Mum/2015Assessment Year: 2010-11 M/s VIVIL INVESTMENTS PVT LTD375, J S S ROAD, 4TH FLOOR,"D" VIDHYUT BUILDING, MUMBAI-400002PAN NO:AABCV0724A Vs DEPUTY…

Continue Reading Even if AO of searched person has no doubt that seized materials have bearing on determination of total income of assessee, then also AOs of both searched person and assessee must record separate satisfaction u/s 153C: ITAT

If WDV of asset is reduced to zero or block of asset ceases to exist on last date of previous year, then no depreciation is allowable even though WDV of asset is not reduced to zero: ITAT

2019-TIOL-1685-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'A' MUMBAI ITA No.2546/Mum/2018Assessment Year: 2012-13 ARAMARK INDIA PVT LTD(NOW KNOWN AS ARAVON SERVICES PVT LTD)STEEL HOUSE BUILDING, PLOT NO.27, 'B' WINGGROUND FLOOR,…

Continue Reading If WDV of asset is reduced to zero or block of asset ceases to exist on last date of previous year, then no depreciation is allowable even though WDV of asset is not reduced to zero: ITAT