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Taxation Law

Bogus purchases from hawala dealers - Entire addition warranted - Estimation theory does not apply in such cases.

Bogus purchases from hawala dealers - Entire addition warranted - Estimation theory does not apply in such cases.

ITAT Restores Disallowance for Bogus Purchases, Partly Allows Revenue Appeal Tribunal Overrules CIT(A)'s Decision, Uphol...

Notice under Section 153C - Delay in recording satisfaction note invalidates the notice

Notice under Section 153C - Delay in recording satisfaction note invalidates the notice

Gujarat High Court Quashes Income Tax Notices Due to Delayed Satisfaction Note The court ruled that a 22-month delay in ...

Peanut Butter Denied Exemption Under Central Excise Laws, Ruled Similar to Margarine

Peanut Butter Denied Exemption Under Central Excise Laws, Ruled Similar to Margarine

CESTAT determines Peanut Butter as "similar edible preparation," excluding it from exemption notification, while revenue...

Tribunal Overturns Absolute Confiscation of Re-exported Goods

Tribunal Overturns Absolute Confiscation of Re-exported Goods

CESTAT Mumbai Bench Rules Absolute Confiscation Unsustainable Due to Prior Re-export...

Tribunal Upholds Rejection of Refund Claim by GVK Emergency Management

Tribunal Upholds Rejection of Refund Claim by GVK Emergency Management

CESTAT Chandigarh Bench Dismisses Appeal, Citing Non-Compliance with Central Excise Act Provisions...

ITAT Mumbai Rules on Section 14A Disallowance and Capital Receipt Treatment in Sanjay Kothari (HUF) v. National Faceless Assessment Centre

ITAT Mumbai Rules on Section 14A Disallowance and Capital Receipt Treatment in Sanjay Kothari (HUF) v. National Faceless Assessment Centre

Tribunal restricts Section 14A disallowance to actual expenditure and confirms capital receipt status of refund between ...

Mumbai ITAT Rules in Favor of Logwin Air and Ocean India Pvt. Ltd., Rejects Transfer Pricing Adjustment

Mumbai ITAT Rules in Favor of Logwin Air and Ocean India Pvt. Ltd., Rejects Transfer Pricing Adjustment

Tribunal finds no merit in segregating Management Fees from bundled transactions, citing arm's length price acceptance...

Services rendered and consumed within J&K are not taxable under the Finance Act

Services rendered and consumed within J&K are not taxable under the Finance Act

CESTAT Overrules Service Tax Demand on Services Rendered in Jammu & Kashmir. Tribunal Reiterates Finance Act Exclusion f...

CESTAT Chennai Clears M/s Tulsyan NEC Ltd. in Input Service Tax Credit Dispute

CESTAT Chennai Clears M/s Tulsyan NEC Ltd. in Input Service Tax Credit Dispute

Tribunal Sets Aside Penalty; Emphasizes Substance Over Procedural Technicalities in CENVAT Credit Distribution...

Tribunal Rules in Favor of Western Geco International Ltd.; Service Tax Liability on ONGC and RIL

Tribunal Rules in Favor of Western Geco International Ltd.; Service Tax Liability on ONGC and RIL

CESTAT Principal Bench New Delhi exonerates Western Geco Gurugram from service tax demands, placing the liability on ser...

Income Tax : Trading liabilities and carried forward balances cannot be treated as unexplained cash credits

Income Tax : Trading liabilities and carried forward balances cannot be treated as unexplained cash credits

This decision underscores the Tribunal's role in ensuring that tax assessments are conducted with due diligence and fair...

CESTAT Chennai Rules Black Tea as Agricultural Produce, Exempts Commission Agents from Service Tax

CESTAT Chennai Rules Black Tea as Agricultural Produce, Exempts Commission Agents from Service Tax

Tribunal Upholds Negative List Exemption for Commission Agents Dealing in Agricultural Produce Under Finance Act, 1994...

Customs Tribunal Partially Allows Appeal in Ajanta Soya's Fire Accident Case

Customs Tribunal Partially Allows Appeal in Ajanta Soya's Fire Accident Case

Tribunal Upholds Duty on Lost Goods, Sets Aside Penalties Due to Lack of Evidence of Misstatement or Suppression...

Cash deposits arising from cash sales during demonetization period cannot be treated as unexplained money

Cash deposits arising from cash sales during demonetization period cannot be treated as unexplained money

The judgment is seen as a significant precedent for businesses dealing with cash transactions during the demonetization ...

Customs Excise Tribunal Upholds Service Tax Inclusion for Non-Monetary Benefits

Customs Excise Tribunal Upholds Service Tax Inclusion for Non-Monetary Benefits

Lease Agreement's Complimentary Services and Discounts to be Considered in Gross Taxable Value, Rules Tribunal...

Books can not be rejected on suspicion or presumption of abnormal sales cannot

Books can not be rejected on suspicion or presumption of abnormal sales cannot

The tribunal’s decision not only provides relief to the assessee but also sets a precedent for handling similar disputes...

Ex-gratia payment made voluntarily by an employer out of appreciation for the employee is not taxable

Ex-gratia payment made voluntarily by an employer out of appreciation for the employee is not taxable

This judgment is expected to have a significant impact on similar cases where employees receive voluntary ex-gratia paym...

Customs Tribunal Overturns Duty Demand in KDS Exports Case

Customs Tribunal Overturns Duty Demand in KDS Exports Case

The Tribunal's decision is a significant win for the appellants, including KDS Exports, Gokul Overseas, Krish Enterprise...

CESTAT New Delhi Rules in Favor of M/s. Leakless Gasket India Pvt. Ltd., Invalidating Extended Penalty and Limitation in Customs Duty Case

CESTAT New Delhi Rules in Favor of M/s. Leakless Gasket India Pvt. Ltd., Invalidating Extended Penalty and Limitation in Customs Duty Case

This ruling highlights the importance of precise classification and documentation in customs processes while safeguardin...

CESTAT Overturns Customs' Decision on Valuation and Confiscation of Goods

CESTAT Overturns Customs' Decision on Valuation and Confiscation of Goods

Continental Trading Co. expressed satisfaction with the Tribunal's decision, which reinstates the company's position reg...

ITAT Chennai Clears Educational Trust of Tax Liability on Voluntary Donations

ITAT Chennai Clears Educational Trust of Tax Liability on Voluntary Donations

The judgment reiterates that unless the Revenue can definitively prove donations are compulsory, educational trusts can ...

Tribunal Upholds SSI Exemption for M/s. Aashish Enterprises in Landmark Judgment

Tribunal Upholds SSI Exemption for M/s. Aashish Enterprises in Landmark Judgment

Legal experts view this judgment as a pivotal decision that clarifies the application of SSI exemptions concerning brand...

CESTAT Overturns Customs Valuation Order Against Triumph Motorcycles India

CESTAT Overturns Customs Valuation Order Against Triumph Motorcycles India

The ruling underscores the necessity for a clear legal obligation to exist for expenses to be included in the transactio...

Tribunal Rules Against Differential Duty on Laptops Distributed Free to Students

Tribunal Rules Against Differential Duty on Laptops Distributed Free to Students

The Tribunal concluded that ELCOT, being neither an "Institutional Consumer" nor an "Industrial Consumer" as defined und...

VAT : No Double Taxation for Works Contracts Involving Sub-Contractors

VAT : No Double Taxation for Works Contracts Involving Sub-Contractors

This ruling is expected to have significant implications for the construction industry and other sectors involving works...

Income Tax Appellate Tribunal Remands Case for Fresh Adjudication in Anupama Agarwal v. DCIT

Income Tax Appellate Tribunal Remands Case for Fresh Adjudication in Anupama Agarwal v. DCIT

Principles of Natural Justice Violated; Exemption Claim Under Section 10(10D) to Be Re-examined ...

CESTAT Upholds 6% Interest Rate on Delayed Customs Duty Refund for Vortex Rubber Industries

CESTAT Upholds 6% Interest Rate on Delayed Customs Duty Refund for Vortex Rubber Industries

This judgment serves as a crucial reference for businesses dealing with customs duty refunds, clarifying the legal frame...

VAT- Input Tax Credit cannot be denied to bona fide purchasing dealers

VAT- Input Tax Credit cannot be denied to bona fide purchasing dealers

As the legal community digests this landmark judgment, businesses in Delhi and across India are expected to benefit from...

CESTAT Overrules Customs Penalties for G Amphray Laboratories, Declares Confiscation and Penalty Unlawful

CESTAT Overrules Customs Penalties for G Amphray Laboratories, Declares Confiscation and Penalty Unlawful

The ruling is expected to have wide-ranging implications for other importers facing similar penalties under the erstwhil...

Disclosure of GST returns is prohibited :  GST Act overrides RTI Act

Disclosure of GST returns is prohibited : GST Act overrides RTI Act

The judgment referenced the Supreme Court's decision in "Central Public Information Officer, Supreme Court of India v. S...

Customs official cannot arbitrarily disregard statutory orders of customs clearance

Customs official cannot arbitrarily disregard statutory orders of customs clearance

The judgment emphasized the rule of law, asserting that statutory powers must be exercised within legal frameworks. The ...

Service tax cannot be levied on miscellaneous income

Service tax cannot be levied on miscellaneous income

The judgment is expected to have a broader impact on similar disputes concerning service tax applicability on miscellane...

Expenses incurred for services provided and consumed outside India are not taxable under Reverse Charge Mechanism

Expenses incurred for services provided and consumed outside India are not taxable under Reverse Charge Mechanism

This ruling provides a precedent for companies with overseas branches, reinforcing the principle that service tax is a d...

Transfer Pricing - Adjustment for Advertisement, Marketing, and Promotion expenses cannot be made using the "Bright Line Test"

Transfer Pricing - Adjustment for Advertisement, Marketing, and Promotion expenses cannot be made using the "Bright Line Test"

This judgment is significant for multinational corporations operating in India, providing clarity on transfer pricing an...

Service Tax - Reimbursable expenses incurred by service provider - Inclusion of such expenses in taxable value not sustainable.

Service Tax - Reimbursable expenses incurred by service provider - Inclusion of such expenses in taxable value not sustainable.

As a result of these findings, the penalties and interest previously imposed were quashed, and the appeals filed by M/s....

Cenvat Credit cannot be denied without the invocation of suppression, misstatement, or fraud.

Cenvat Credit cannot be denied without the invocation of suppression, misstatement, or fraud.

This decision reinforces the interpretation of settlement provisions under the Finance Act, 1994, and clarifies the cond...