Notice for re-assessment issued after four years’ limitation period is unsustainable when there is no failure of assessee to make full & true disclosure of material facts: HC

2019-TIOL-2034-HC-MUM-IT IN THE HIGH COURT OF BOMBAY Income Tax Appeal No. 803 of 2017 PRINCIPAL COMMISSIONER OF INCOME TAX-7 Vs M/s GLAXO SMITHKLINE PHARMACEUTICALS PVT LTD M S Sanklecha &…

Continue Reading Notice for re-assessment issued after four years’ limitation period is unsustainable when there is no failure of assessee to make full & true disclosure of material facts: HC

Difference of deferred Sales Tax liability is not taxable as capital receipt u/s 41(1) as remission or cessation of trading liability: ITAT

2019-TIOL-1670-ITAT-PUNE IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'A' PUNE ITA No. 1788/PUN/2017Assessment Year: 2012-13 ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE-9, PUNE Vs M/s LEAR AUTOMOTIVE INDIA PVT LTDE-25, 26 & 27,…

Continue Reading Difference of deferred Sales Tax liability is not taxable as capital receipt u/s 41(1) as remission or cessation of trading liability: ITAT

Investments made in subsidiary company using shareholder’s funds would attract provisions of Rule 8D, where assessee is unable to prove source of such investment: ITAT

2019-TIOL-1669-ITAT-HYD IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'A' HYDERABAD S.No.ITA No.AYAppellantRespondent1 & 2718 & 719/H/182012-13 & 2013-14MANJEERA HOTELS AND RESORTS PVT LTDHYDERABADPAN NO: AACCM3554CASSISTANT COMMISSIONER OF INCOME TAXCIRCLE - 16(2),…

Continue Reading Investments made in subsidiary company using shareholder’s funds would attract provisions of Rule 8D, where assessee is unable to prove source of such investment: ITAT

Additions framed u/s 68 are sustainable if assessee fails to discharge burden of establishing identity & creditworthiness of creditor or genuineness of transactions: ITAT

2019-TIOL-1668-ITAT-PUNE IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'B' PUNE ITA No.471/PUN/2017Assessment Year: 2013-14 ASSITANT COMMISSIONER OF INCOME TAXCIRCLE 2, KOLHAPUR Vs SHRI NITIN MOHAN WADIKAR PVT LTDE-1328/20, PLOT NO.36, Y…

Continue Reading Additions framed u/s 68 are sustainable if assessee fails to discharge burden of establishing identity & creditworthiness of creditor or genuineness of transactions: ITAT

CX – Monetary limit being below Rs.1 crore, Revenue appeal is not maintainable in view of Board Instruction dated 22.08.2019: HC

2019-TIOL-2037-HC-P&H-CX IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Case TrackerCCE Vs JCBL LTD    [CESTAT] CEA 30/2018 (O&M) COMMISSIONER OF GOODS AND SERVICE TAX (EARLIER KNOWN AS COMMISSIONER OF CENTRAL…

Continue Reading CX – Monetary limit being below Rs.1 crore, Revenue appeal is not maintainable in view of Board Instruction dated 22.08.2019: HC

CX – Reversal of credit before its utilisation is as good as not taking credit at all – interest and penalty not imposable: CESTAT

2019-TIOL-2520-CESTAT-BANG IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, BANGALORECOURT NO. I Appeal No. E/23/2009-DB Arising out of Order-in-Appeal No.170/2008, Dated: 01.10.2008Passed by the Commissioner of Central Excise…

Continue Reading CX – Reversal of credit before its utilisation is as good as not taking credit at all – interest and penalty not imposable: CESTAT

ST – Discounts given by print/electronic media to advertising agency is not chargeable to service tax as the same is not charge for services rendered to client-advertisers: CESTAT

2019-TIOL-2521-CESTAT-BANG IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, BANGALORECOURT NO. I Appeal No. ST/501/2009-DB Arising out of Order-in-Appeal No. 26/2009-ST, Dated: 27.02.2009Passed by the Commissioner of Central…

Continue Reading ST – Discounts given by print/electronic media to advertising agency is not chargeable to service tax as the same is not charge for services rendered to client-advertisers: CESTAT

ST – Input service – Though not a mandatory requirement under CCR, CA certificate could act as an additional corroborative evidence in support of appellant’s claim : CESTAT

2019-TIOL-2519-CESTAT-MUM IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALWEST ZONAL BENCH, MUMBAI Service Tax Appeal No. 87021 of 2018 Arising out of Order-in-Appeal No. CD/TR (APPEALS)/MC/58/2017-18, Dated: 12.2.2018Passed by…

Continue Reading ST – Input service – Though not a mandatory requirement under CCR, CA certificate could act as an additional corroborative evidence in support of appellant’s claim : CESTAT

CX -8/2003-CX – Adding value of clearances made to 100% EOU in computing aggregate value of clearances for home consumption of DTA Unit is contrary to law: CESTAT

2019-TIOL-2518-CESTAT-MUM IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALWEST ZONAL BENCH, MUMBAICOURT NO. I Appeal No. E/924/2011 Arising out of Order-in-Appeal No. YDB/202/M-II/2011, Dated: 08.03.2011Passed by the Commissioner of…

Continue Reading CX -8/2003-CX – Adding value of clearances made to 100% EOU in computing aggregate value of clearances for home consumption of DTA Unit is contrary to law: CESTAT