Taxation Law
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.
This decision reinforces the interpretation of settlement provisions under the Finance Act, 1994, and clarifies the cond...
CESTAT Rules in Favor of Ericsson India: Royalty Payments Excluded from Import Valuation
The ruling highlights the nuanced interpretation of customs valuation rules, particularly concerning the inclusion of ro...
Service tax cannot be imposed on amounts received as advance payments for sale of land
The Tribunal noted that the appellant had entered into agreements to transfer land to four companies, subject to convers...
Customs Tribunal Upholds Rejection of Transaction Values; Orders Recalculation of Duties
This ruling underscores the Tribunal's stringent stance on customs compliance, emphasizing due diligence and accurate de...
Tribunal Overturns Duty and Penalties on Lasco Chemie Pvt. Ltd., Upholds DFIA License Use
Ultimately, the CESTAT set aside the demand of Rs. 33,29,154 in customs duties and the associated penalties, granting co...
Notices under Sections 148A and 148 of Income Tax Act : Authorities to follow faceless proceedings : Notices quashed
The ruling underscores the judiciary's role in maintaining procedural integrity and ensuring that statutory mandates are...
Excel sheet containing parallel invoices in email are admissible in evidence
Ultimately, the tribunal concluded that the penalties were proportionate considering the substantial value of goods invo...
Assessing Officer cannot reject the valuation method adopted by the assessee under Rule 11UA
This ruling reaffirms the principle that statutory provisions should be adhered to, ensuring that companies can exercise...
Once the AO has finalized the assessment order, the Dispute Resolution Panel cannot issue directions for another assessment
Ultimately, the ITAT set aside the second assessment order dated May 31, 2022, as invalid in the eyes of law, allowing H...
Charitable Activity : Incidental activities generating surplus do not disqualify
This ruling highlights the ongoing debate over the scope of charitable activities and the application of tax exemptions ...
A trust engaged in educational activities but failing to meet the definition of "education" : No registration under Section 12AB.
The tribunal's decision reinforces the judiciary's stance on maintaining a stringent interpretation of educational and c...
DDT under Section 115-O is a tax on the company's profits and not on the dividend income of shareholders
Consequently, the Tribunal ruled against the refund of excess DDT, aligning with the precedent that DDT is non-creditabl...
Rural agricultural land, not converted to non-agricultural, is not a "capital asset" : Does not attract capital gains tax.
The judgment represents a critical interpretation of the Income-tax Act concerning rural agricultural lands, reinforcing...
Payments made to payment gateway like CC Avenues are not subject to TDS
The tribunal's decision effectively sets aside the orders of the lower authorities and directs the deletion of the TDS d...
No reopening of assessment when the alleged accommodation entries have been repaid
This judgment reinforces the accountability of tax authorities to substantiate claims of income escapement and highlight...
Search and seizure under Section 132 - Court has no power to review "reasons to believe"
The court concluded that the search was neither arbitrary nor malicious and was conducted in accordance with the law. It...
Tax Assessment - Where no time limit is prescribed for finalisation, the authority must exercise its jurisdiction within a reasonable period.
This judgment highlights the Court's adherence to procedural fairness and underscores the importance of timely resolutio...
Tribunal Quashes Service Tax Demand Based Solely on SVLDRS Disclosure
This ruling underscores the importance of rigorous procedural adherence in tax demands and reinforces taxpayers' rights ...
Amount received by a non-resident corporate entity from its Indian distributor not taxable as 'royalty'
The ruling reiterates the Tribunal's position that the payments received by Factive Limited are not for transferring any...
Customs - Gold bars recovered from a domestic passenger at the airport - Can not be confiscated.
This ruling underscores the necessity for Customs officials to exercise due diligence and form an independent, reasonabl...
CESTAT New Delhi Overturns DRI's Classification of Videocon's Imported Smart Cards
The case, which involved multiple appeals, centered around the classification of imported smart cards used in Videocon's...
CESTAT Sets Aside Order Against Simran Exports; Clarifies No Reclassification or Penalty Without Evidence
The tribunal's decision underscored the importance of adhering to statutory provisions and procedural requirements, as i...
CESTAT Chennai Bench Declines Jurisdiction; Appeals Referred to President for Special Bench Constitution
This decision underscores the importance of coordinated judicial processes in cases involving multiple jurisdictions and...
Income Tax - Penalty cannot be levied when additions are made on the basis of ad hoc estimation of profit or guesswork
This decision reinforces the principle that penalty provisions necessitate strict construction and cannot be levied on m...
Tribunal Orders Fresh Adjudication in Tax Case of Deceased Assessee
This decision underscores the judiciary's commitment to procedural fairness and the necessity of accommodating exception...
IRCTC Wins Appeal Against Service Tax Demand on Food Plaza Operations
This landmark judgment may set a precedent for similar cases where the nature of agreements and the intention of parties...
Bangalore ITAT Remands Andante Foods LLP Transfer Pricing Case for Fresh Review
This ruling will likely have broader implications for multinational enterprises engaged in international transactions, e...
CESTAT Verdict: Examination Fees Not Taxable Under Manpower Recruitment Services
The judgment offers clarity on the taxability of services provided by government-established bodies, reaffirming the imp...
ITAT Kolkata Allows CSR Donation Deductions and Condones ESI Payment Delay for SREI Equipment Finance Limited
The tribunal's decision underscores a balanced approach to statutory compliance, allowing legitimate deductions while ac...
Service Tax demand raised solely on the basis of CBDT data without corroborative evidence is impermissible.
The case revolved around a service tax demand amounting to Rs. 14,65,820, which was based solely on data from the Centra...
Differentiation between "Clearing and Forwarding Agent Services" and "Goods Transport Agency Services"
The judgment clarifies that under Section 65B(26) of the Finance Act, 1994, transportation of goods by road qualifies as...
Tribunal Sets Aside Service Tax Demand on Residential Complex Construction by M/s Gourang Charan Das
The Tribunal's decision also underscored the appellant's eligibility for consequential relief as per law, marking a comp...