Petition Seeking Three Year LL.B Course After 12th Standard, Refused by Supreme Court  ||  SC: Sessions Judge has Power to Issue Process Against Accused in Offences Under IBC, 2016  ||  Principles to be Followed by Appellate Court While Reversing Acquittal, Restated by Supreme Court  ||  SC: App. Seeking Permission for Public Gatherings During Lok Sabha Elections to be Decided in 3 Days  ||  SC: Case to Proceed as Pvt. Complaint if Cognizance of Additional Materials Taken With Protest Petiti  ||  SC: Investigating Officer Must Narrate Statement of Accused to Prove Disclosure Statement  ||  SC: Rs. 5 Lakh Cost Imposed on Wife’s Father for Lodging Fake Cases at Diff. Places Against Husband  ||  8 Weeks Time Given to UP Govt. to Consider Need for Guidelines on Invocation of Gangsters Act  ||  SC: Writ Petitions Should be Dismissed by HCs if Petitioner Guilty of Delay or Laches  ||  Del. HC Directs Dept. to Remove Demands From ITBA Portal as it Fails to Comply with ITAT's Order    

Search Results for Tag : Appellate Tribunal

Judgments

CIT(A) cannot change the provision of law qua the item of which assessment was made(21.12.2022)

The assessee filed her return of income for the assessment year 2011-12 returning total income of ₹.2,35,280. During the course of remand proceedings .....

Tags : Income Tax Appellate Tribunal, Chennai



Notifications & Circulars

National Company Law Appellate Tribunal (Salaries, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2015(19.08.2015)

The Central government issued the Rules, 2015, enumerating the benefits available to the Chairperson of the National Company Law Appellate Tribunal u.....

Tags : chairperson, company law appellate tribunal, benefits



Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal(18.03.2020)

1. Various representations have been received wherein the issue has been decided against the registered person by the adjudicating authority or refund.....

Tags : Clarification, Non-constitution, Appellate Tribunal



News

NCLAT Seeks Clarity from Government and Agencies on JSW Steel Ltd Immunity(14.01.2020)

National Company Law Appellate Tribunal has directed the Enforcement Directorate and other investigative agencies to clarify whether JSW Steel Ltd wou.....

Tags : National Company Law Appellate Tribunal, JSW Steel Ltd., Immunity



Securities Appellate Tribunal Upholds SEBI’s Order Levying Fine on PACL Limited(15.01.2020)

Securities Appellate Tribunal has upheld the order of Securities and Exchange Board of India levying a fine of Rs. 2423 Crores on four directors of PA.....

Tags : Securities and Exchange Board of India, Securities Appellate Tribunal, PACL Limited



CESTAT Hyderabad: Import of Multi-Functional Digital Copies Not Prohibited(15.01.2020)

Customs Excise and Service Tax Appellate Tribunal- Hyderabad has held that the importing of Multifunctional digital copies is not prohibited and there.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Import of Multi-Functional Digital Copies



CESTAT Mumbai: Clearances to Special Economic Zones Developers is Export(15.01.2020)

Customs Excise & Service Tax Appellate Tribunal- Mumbai has ruled that the clearances made by the Appellant without payment of duty to Special Economi.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Special Economic Zones



CESTAT Chennai: CA’s Certificate Certifying Tax Burden can be Considered as Evidence(15.01.2020)

Customs Excise and Service Tax Appellate Tribunal, Chennai has ruled that the Chartered Accountant’s Certificate that categorically certifies that the.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Chartered Accountant's Certification, Evidence



CESTAT Mumbai: Cleaning Service Provided Through Manpower Not Taxable Service(15.01.2020)

Customs Excise and Service Tax Appellate Tribunal- Mumbai has held that the company providing cleaning services through Manpower engaged by it were un.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cleaning Service by Manpower



Government Notifies Constitution of NCLT and NCLAT(02.06.2016)

Government as a move to resolve corporate disputes faster and improve the ease of doing business in India has notified the constitution of the Nationa.....

Tags : Company Law Tribunal, National Company Law Appellate Tribunal



ITAT Clarifies on Rent Deposits(07.06.2016)

Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has observed that the notional interest on security deposit paid by an employer to the landlord c.....

Tags : Income Tax Appellate Tribunal, ITAT, security deposit



ITAT, Pune Allows Claim for Set-off of Loss by Husband Invested in Wife’s Business(30.01.2020)

Income Tax Appellate Tribunal, Pune has held that the wife’s separate income can be clubbed into husbands total income and in the case of any loss inc.....

Tags : Income Tax Appellate Tribunal, Clubbing of Husband and Wife's Incomes



ITAT, Mumbai: Dividend Derived from Shares Held as Stock in Trade Cannot be Disallowed(31.01.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the dividend which is derived from the Shares which are ‘stock in shares’ will not be compu.....

Tags : Income Tax Appellate Tribunal, Dividend Derived from Shares Held as Stock in Trade



CESTAT, New Delhi: No Service Tax on Charging License Fee for Quick Heal Antivirus Software(31.01.2020)

Customs Excise Service Tax Appellate Tribunal (CESTAT), New Delhi has held that the Quick Heal Antivirus software is deemed goods but whether the tran.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Service Tax on Charging License Fee, Quick Heal



ITAT, Delhi: No TDS on Payment of External Development Charges Not Made Out of Statutory Liability(31.01.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Assessee is not required to deduct Tax Deducted at Source (TDS) as the payment of Extern.....

Tags : Income Tax Appellate Tribunal, TDS on Payment of External Development Charges



SC Stays NCLAT Order Allowing Reliance Communication to Sell Tower Assets(16.04.2018)

Supreme Court has stayed National Company Law Appellate Tribunal’s (NCLAT) order that allowed selling of towers and fibre assets by Reliance Communica.....

Tags : Supreme Court, National Company Law Appellate Tribunal, Reliance Communications



CESTAT: Refund of Unutilised Credit Can't Denied if Amount Voluntarily Debited/Credited in GSTR-3B(20.01.2020)

Customs Excise and Service Tax Appellate Tribunal, Mumbai has held that the refund of unutilized credit cannot be denied if the Assessee voluntarily d.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Refund of Unutilised Credit



CESTAT, Kolkata: Service Tax Refund Can Be Claimed on Basis of Monthly Consolidated STTG Certificate(20.01.2020)

Customs Excise and Service Tax Appellate Tribunal has ruled that the Service Tax Refund can be claimed on the basis of monthly consolidated Service Ta.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Service Tax Refund



National Company Law Appellate Tribunal Asks DLF to Register Transfer of Shares to Legal Heirs(20.01.2020)

National Company Law Appellate Tribunal has directed DLF Ltd. to register the transfer of 60,000 shares to the legal heirs of one of its deceased shar.....

Tags : National Company Law Appellate Tribunal, DLF Ltd.



NCLAT Stays NCLT’s Order Prohibiting Appointment of Ex- Bankers as Resolution Professional(21.01.2020)

National Company Law Appellate Tribunal has stayed National Company Law Tribunal’s Order which prohibited appointing a former bank official as indepen.....

Tags : National Company Law Appellate Tribunal, Appointment of Ex- Bankers



ITAT: Normal Business Advances Not in Nature of ‘Loan’ are Not Deemed Dividend(21.01.2020)

Income Tax Appellate Tribunal, Delhi has held that the transaction where advance is received in the normal course of business and which is not taken a.....

Tags : Income Tax Appellate Tribunal, Business Advances, Deemed Dividend



Securities Appellate Tribunal Maintains Status Quo in Axis- Karvy Case(22.01.2020)

Securities Appellate Tribunal has extended its status quo order in the case of Axis Bank and Karvy Stock Broking till January 31.

Tags : Securities Appellate Tribunal, Axis Bank, Karvy Stock Broking Case



CESTAT: No denial of Credits to Recipient Even if Duty was Legally Not Payable by Supplier(23.01.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT) has held that Input tax credits cannot be denied to the recipient even if the duty was lega.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Input Tax Credit to Recipient



ITAT Erases Addition by TPO on Transaction of Rendering Marketing Services of Channel Placement Right(23.01.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has deleted the addition by Transfer Pricing Officer on the ground that the transaction of rendering mark.....

Tags : Income Tax Appellate Tribunal, Addition on Transaction of Rendering Marketing Services



CESTAT: No Service Tax on ‘Club or Association Service’ if Received Amount Wholly Transmitted(23.01.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the department cannot levy Service Tax on amounts received by the App.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Club or Association Service



CESTAT: No Penalty Can be Imposed on Partners if Penalty Imposed on Partnership Firm(23.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that when a penalty is imposed on a partnership firm, a penalty canno.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Penalty on Partners



National Company Law Appellate Tribunal Reverses Tribunal Order Against Raheja Developers(24.01.2020)

National Company Law Appellate Tribunal has set aside a Tribunal Order to appoint an interim resolution professional for Raheja Developers and has all.....

Tags : National Company Law Appellate Tribunal, Raheja Developers



Delhi HC Refuses to Stay TDSAT Order on Reporting of Segmented Offers(07.05.2018)

Delhi HC has refused to stay interim relief provided by Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to the companies from reporting seg.....

Tags : Delhi HC, Telecom Disputes Settlement and Appellate Tribunal



ITAT, Mumbai: Penalty Cannot be Levied for Genuine Omissions in Income Tax Returns(19.02.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that genuine omissions must be excluded from the levy of penalty under Section 271 (1) (a) of th.....

Tags : Income Tax Appellate Tribunal, Genuine Omissions in Income Tax Returns



CESTAT, Chennai Allows Excise Duty Exemption to Pepsico on ‘Nimbooz’(19.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT ), Chennai has observed that the brand ‘Nimbooz’ is not lemonade and allowed excise duty exe.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Nimbooz, Pepsico



ITAT, Bangalore Extends Stay Period for Google India Due to Delay in Disposal of Appeal(19.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has granted an extension of stay period to Google India citing a reason for the delay in non-disposal .....

Tags : Income Tax Appellate Tribunal, Google India



CESTAT, Mumbai: Cenvat Credit Permissible on Renting Premises Outside Manufacturing Factory Unit(19.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that Cenvat Credit is permissible on renting of premises outside the manuf.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cenvat Credit Permissible on Renting Premises



NCLAT Admits Jaiprakash Associates' Plea Against NCLT Order(04.06.2018)

National Company Law Appellate Tribunal (NCLAT) has admitted the petition of debt ridden Jaiprakash Associates challenging NCLT order, which had direc.....

Tags : National Company Law Appellate Tribunal



ITAT, Chandigarh: Cancellation of Registration to Society Cannot be Ground for Imposing Penalty(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Chandigarh has held that penalty under Section 271(1) (a) of the Income Tax Act, 1961 cannot be levied on a char.....

Tags : Income Tax Appellate Tribunal, Cancellation of Registration to Society



ITAT, Delhi: Unsigned Balance Sheets Not Admissible as Evidence(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the unsigned balance sheets by Auditor or the Director of Company cannot be treated as relia.....

Tags : Income Tax Appellate Tribunal, Unsigned Balance Sheets



ITAT, Bangalore: Hindu Undivided Family Cannot be Taxed After Its Partition(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that once partition is completed and the Hindu Undivided Family (HUF) is dissolved, such HUF .....

Tags : Income Tax Appellate Tribunal, Hindu Undivided Family



SC: DRAT Cannot Entertain Appeal u/s 18 SARFAESI Act Without Insisting on Pre- Deposit(03.03.2020)

Supreme Court has observed that the Debt Recovery Appellate Tribunal cannot entertain an appeal under Section 18 of the Securitisation and Reconstruct.....

Tags : Supreme Court, Appeal before Debt Recovery Appellate Tribunal



ITAT, Kolkata: Swapping Company Shares Among Shareholders Does Not Attract Addition u/s 68(03.03.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has held that the provisions of Section 68 of the Income Tax Act, 1961 would not be applicable in case o.....

Tags : Income Tax Appellate Tribunal, Swapping Company Shares



SAT: Regulator Abetting Corruption in Insurance Business Can’t Be Tolerated(19.03.2018)

Securities Appellate Tribunal has directed Insurance Regulatory and Development Authority of India to relook into the complaint of a United Kingdom-ba.....

Tags : Securities Appellate Tribunal, Insurance



National Company Law Appellate Tribunal Orders Reverse Real Estate Insolvency Process(12.02.2020)

National Company Law Appellate Tribunal has passed an order for a reverse insolvency process, which could set a template for stressed real estate proj.....

Tags : National Company Law Appellate Tribunal, Reverse Real Estate Insolvency Process



ITAT, Bangalore: No Disallowance of Interest Expenses on Account of Non-Deduction of TDS(12.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that there should be no disallowance of interest expenses on account of non- deduction of Tax.....

Tags : Income Tax Appellate Tribunal, No Disallowance of Interest Expenses



ITAT, Chennai Disallows Deduction Claim on Receipts from Carbon Credit(12.02.2020)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the receipts from the sale of the carbon credit are liable to be treated as the capital re.....

Tags : Income Tax Appellate Tribunal, Deduction Claim on Receipts from Carbon Credit



National Company Law Tribunal Orders Videocon Foreign Arms to be Included in Insolvency Process(13.02.2020)

National Company Law Tribunal has ordered the inclusion of Videocon’s oil businesses in Brazil and Indonesia as part of insolvency proceedings being c.....

Tags : National Company Law Appellate Tribunal, Videocon



CESTAT, Ahmedabad: ‘Bulk Milk Coolers’ of Co-Op Societies for Storage, Eligible for Duty Exemption(13.02.2020)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that Bulk Milk Coolers that are manufactured and supplied to various Co-.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Bulk Milk Coolers



ITAT, Pune: French Company Can’t be Taxed for Rendering IT Support Services to Indian Entities(03.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that the Information Technology (IT) support services rendered by a French Company to an Ind.....

Tags : Income Tax Appellate Tribunal, French Company Rendering IT Support



NCLAT: Creditors Belonging to Different Classes Can be Given Different Treatment(03.03.2020)

National Company Law Appellate Tribunal has reconfirmed the principle that the touchstone for judging the benevolence of a resolution plan does not de.....

Tags : National Company Law Appellate Tribunal, Differential Treatment of Creditors



CESTAT, Hyderabad: Repair Services and Man Power Recruitment in Jammu & Kashmir, ‘Exempted Services’(04.03.2020)

Custom, Excise, and Service Tax Appellate Tribunal (CESTAT), Hyderabad has held that the repair services and manpower recruitment in the State of Jamm.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Repair Services and Man Power Recruitment



ITAT, Mumbai: Wrong Assumption or Incorrect Application Would Make Order Liable for Revision(04.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the wrong assumption of facts or incorrect application of the law would make the order liab.....

Tags : Income Tax Appellate Tribunal, Wrong Assumption or Incorrect Application



CESTAT, Chennai: CCTV Charged at Rate of 15% Basic Customs Duty(04.03.2020)

Central Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has ruled that the Closed Circuit Television (CCTV) Cameras would be assessed at t.....

Tags : Customs Excise and Service Tax Appellate Tribunal, CCTV



NCLAT Directs Competition Commission of India to Probe into Flipkart(05.03.2020)

National Company Law Appellate Tribunal has directed the Competition Commission of India to start probing Flipkart for alleged misuse of dominant posi.....

Tags : National Company Law Appellate Tribunal, Flipkart



ITAT, Mumbai: Society Imparting Training to State Govt. Employees Eligible for Tax Exemption(19.02.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the society formed to impart training to the State Government employees is eligible for inc.....

Tags : Income Tax Appellate Tribunal, Society Imparting Training to State Govt. Employees



CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)

Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence



National Company Law Appellate Tribunal Rejects Insolvency Plea Against Sintex Infra(24.02.2020)

National Company Law Appellate Tribunal has dismissed the Lloyd Insulations India Ltd’s plea to initiate proceedings against Sintex Prefab and Infra L.....

Tags : National Company Law Appellate Tribunal, Sintex Infra



CESTAT, Mumbai: Cenvat Credit Not Admissible on Goods Transport Agency Services(24.02.2020)

Central Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that Cenvat credit is not admissible on Goods Transport Agency services us.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cenvat Credit, Goods Transport Agency Services



CESTAT, Bangalore: Collection of Contribution to Build Corpus Fund Liable to Pay Service Tax(24.02.2020)

Customs Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore has held that the collection of contribution to building a corpus fund to secure t.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Collection of Contribution to Build Corpus Fund



CESTAT, Chennai: No Denial of Refund of Cenvat Credit for Premises Being Unregistered(24.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the refund of input Cenvat credit cannot be denied for the reasons o.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Denial of Refund of Cenvat Credit



NCLAT: CIRP Against Real Estate Company to Affect the Only Project Concerned(13.02.2020)

National Company Law Appellate Tribunal has held that an insolvency process against a real estate company will impact only the project concerned and n.....

Tags : National Company Law Appellate Tribunal, Appointment of Ex- Bankers



NCLAT, New Delhi: Interest Alone Cannot Be Construed as Operational Debt(13.02.2020)

National Company Law Appellate Tribunal (NCLAT), New Delhi has held that claim amount towards Interest on loan alone, cannot be termed as an ‘Operatio.....

Tags : National Company Law Appellate Tribunal, Operational Debt



ITAT, Kolkata Quashes Re-Assessment Proceedings Against Price Waterhouse & Co.(13.02.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has quashed the re-assessment proceedings against Price Waterhouse & Co. and held that to reopen the ass.....

Tags : Income Tax Appellate Tribunal, Re-Assessment Proceedings Against Price Waterhouse & Co.



ITAT, Delhi: Pre-Operative Expenses Cannot be Allowed as Business Expense(14.02.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the expenses which are incurred before the operation of a company are called preoperative ex.....

Tags : Income Tax Appellate Tribunal, Pre-Operative Expenses



ITAT, Ahmedabad: Letting Out of Property and Furniture for Film Exhibition is Business Activity(14.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the income received from Film Exhibition Business that has been leased out to another pa.....

Tags : Income Tax Appellate Tribunal, Letting Out of Property and Furniture for Film Exhibition



CESTAT, New Delhi: Third Party Agency to Pay Service Tax on Collection of Parking Fees in Malls(14.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi has held that the right to collect parking fees given by the mall owners is a co.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Collection of Parking Fees in Malls



CESTAT: IILM Business School Liable to Pay Service Tax on MBA, PGP Programme(27.01.2020)

Central Excise and Service Tax Tribunal (CESTAT), Ahmedabad has held that as the service provided by Institute for Integrated Learning in Management (.....

Tags : Customs Excise and Service Tax Appellate Tribunal, IILM Business School



CESTAT: Mere Use of Word ‘Principle to Principle’ Basis Not Franchise Service, Not Taxable(27.01.2020)

Customs Excise and Services Tax Appellate Tribunal (CESTAT) has held that mere use of the word ‘principle to principle’ cannot be a basis for attracti.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Franchise Service



ITAT Mumbai Allows Depreciation on Goodwill Resulting from Acquisition of Business Unit(28.01.2020)

Income Tax Appellate Tribunal (ITAT) Mumbai has allowed depreciation on goodwill resulting from the acquisition of Business Unit of Lee & Muirhead Pvt.....

Tags : Income Tax Appellate Tribunal, Depreciation on Goodwill



ITAT Cuttack: Non-Availability of PAN of Deductee Cannot be Used to Escape from Filing TDS(28.01.2020)

Income Tax Appellate Tribunal (ITAT), Cuttack has held that the non-availability of a Permanent Account Number (PAN) of the deductee is not an excuse .....

Tags : Income Tax Appellate Tribunal, Non- Availability of PAN, Filing of TDS



Supreme Court Expunges Securities Appellate Tribunal’s Comments on SEBI(29.01.2020)

Supreme Court has expunged the adverse comments made by the Securities Appellate Tribunal against the Securities and Exchange Board of India (SEBI) in.....

Tags : Supreme Court, Adverse Comments by Securities Appellate Tribunal



National Company Law Tribunal Allows Videocon to Extend the Insolvency Process(29.01.2020)

National Company Law Tribunal has allowed Videocon to extend the corporate insolvency resolution process for 90 days.

Tags : National Company Law Appellate Tribunal, Videocon



ITAT, Mumbai: Interest on Investments in Co-operative Bank Eligible for Deduction(24.02.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the interest income earned by a co-operative society on its investments held with a co-oper.....

Tags : Income Tax Appellate Tribunal, Interest on Investments in Co-operative Bank



NCLAT: Auditor Cannot be Debarred for 5 Years in Absence of Evidence(26.02.2020)

National Company Law Appellate Tribunal has set aside an order passed by National Company Law Tribunal in a matter relating to debarring of an auditor.....

Tags : National Company Law Appellate Tribunal, Debarring of Auditor



CESTAT, New Delhi Upholds Penalty Against Sales Managers for Evading Customs Duty(26.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi has upheld the order of the Commissioner of Inland Container Depot, wherein pena.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Penalty Against Sales Managers



ITAT, Bangalore: Reimbursement of Vehicle Expenses by Cab Owners Not Subject to TDS(27.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the payments made by the cab owners which are in the nature of reimbursement of vehicle .....

Tags : Income Tax Appellate Tribunal, Reimbursement of Vehicle Expenses by Cab Owners



ITAT, Chennai: Wife Eligible for Capital Gain Deduction Towards House Purchased in Husband’s Name(27.02.2020)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the wife is eligible for deduction under Section 54 of the Income Tax Act, 1961 for the in.....

Tags : Income Tax Appellate Tribunal, Wife Eligible for Capital Gain Deduction



ITAT, Mumbai: Income From Cloud Hosting Services not Taxable Under ‘Royalty’(27.02.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that, Income from Cloud Hosting Services not Taxable under the head ‘Royalty’ within the meanin.....

Tags : Income Tax Appellate Tribunal, Income From Cloud Hosting Services



NCLAT Upholds CCI's Findings on Anti-Competitive Conduct by Malayalam Cinema Actors Body(18.03.2020)

National Company Law Appellate Tribunal has dismissed a bunch of Appeals filed by the Film Employees Federation of Kerala, Association of Malayalam Mo.....

Tags : National Company Law Appellate Tribunal, Malayalam Cinema Actors Body



ITAT, Mumbai: No Penalty If Non-Furnishing of Tax Audit Report was Due to Bona Fide Reasons(18.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the penalty under Section 271B of the Income Tax Act, 1961 is not leviable if there are bon.....

Tags : Income Tax Appellate Tribunal, Non-furnishing of Tax Audit Report



ITAT, Mumbai: Taxpayer Can Opt a Method Resulting in Lowest Tax Liability(19.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that if there exist two methods for tax payment, the Assessee can opt the method which would res.....

Tags : Income Tax Appellate Tribunal, Lowest Tax Liability



CESTAT, Delhi: Service Tax Can’t be Levied for Independent Buildings Having One Residential Unit(23.03.2020)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that Service Tax cannot be levied under Construction of Complexes or Resi.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Independent Buildings



ITAT, Chennai Allows Depreciation on ATMs(23.03.2020)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the Automated Teller Machines (ATM) would be eligible for the higher rate of depreciation .....

Tags : Income Tax Appellate Tribunal, Depreciation on ATM



ITAT, Bangalore: Foreign Exchange Loss on Repayment of Borrowings is Revenue Expenditure(27.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has granted relief to Cafe Coffee Day and held that foreign exchange loss due to the reinstatement of .....

Tags : Income Tax Appellate Tribunal, Foreign Exchange Loss on Repayment of Borrowings



Securities Appellate Tribunal Allows Lenders to Sell Reliance General Insurance(28.02.2020)

Securities Appellate Tribunal has upheld the right of Nippon India Mutual Fund and Credit Suisse to sell shares of Reliance General Insurance followin.....

Tags : Securities Appellate Tribunal, Reliance General Insurance



National Company Law Appellate Tribunal Sets Aside Flipkart’s Insolvency Proceedings(28.02.2020)

National Company Law Appellate Tribunal has set aside the order of the National Company Law Tribunal to initiate insolvency proceedings against Flipka.....

Tags : National Company Law Appellate Tribunal, Flipkart’s Insolvency Proceedings



CESTAT, Mumbai: Refund is Available on Swachh Bharat Cess Used for Export of Services(28.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the Swachh Bharat Cess paid on input services has to be available as .....

Tags : Customs Excise and Service Tax Appellate Tribunal, Swachh Bharat Cess



NCLAT Hauls Unitech Ltd for Defaulting Payment to Deposit Holders(28.02.2020)

National Company Law Appellate Tribunal has directed Unitech Limited to repay the amount(s) to its deposit holder’s penedente lite along with future i.....

Tags : National Company Law Appellate Tribunal, Unitech Ltd



National Company Law Appellate Tribunal Dismisses Pleas of Deloitte, BSR(05.03.2020)

National Company Law Appellate Tribunal has dismissed the pleas of auditors of debt-rid Buyback Tax Caseden Infrastructure Leasing & Financial Service.....

Tags : National Company Law Appellate Tribunal, Deloitte, BSR



CESTAT, New Delhi: Banking Services are Related to Collection of Export Proceeds(05.03.2020)

Customs Excise and Service Tax Appellate Tribunal, New Delhi has held that banking services are related to the collection of export proceeds and has a.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Banking Services



NCLAT Upholds CCI Order on Adani Gas for Abuse of Dominant Position(11.03.2020)

National Company Law Appellate Tribunal has upheld the Competition Commission of India’s order holding Adani Gas Ltd. guilty of abuse of dominant posi.....

Tags : National Company Law Appellate Tribunal, Competition Commission of India, Adani Gas



ITAT, Bangalore: Warrant Expenses are Deductible from Book Profit(11.03.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the warrant expenses should be deducted from the book profit under Section 115JB of the .....

Tags : Income Tax Appellate Tribunal, Warrant Expenses



ITAT, Mumbai: Rent from Children Cannot be Treated as Tool for Evasion(11.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the rent received from son and daughter of the Assessee could not be treated as a tax evasi.....

Tags : Income Tax Appellate Tribunal, Rent from Children



ITAT, Mumbai: Reimbursement of Equipment Lost in Hole is Capital Receipt(12.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the reimbursement received by the Assessee-Company on account of equipment lost in hole is .....

Tags : Income Tax Appellate Tribunal, Equipment Lost in Hole



CESTAT, Mumbai Upholds Excise Duty Demand Against Cadbury(17.02.2020)

Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that ‘milk crumb’ is marketable and hence Cadbury is liable to pay excise du.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cadbury



National Company Law Appellate Tribunal Gives JSW Steel Immunity from All Criminal Probes(18.02.2020)

National Company Law Appellate Tribunal has given JSW Steel immunity from all criminal investigations after it takes over Bhushan Power & Steel, whose.....

Tags : National Company Law Appellate Tribunal, JSW Steel Ltd., Immunity



ITAT, Cochin: Financial Crisis and Labour Unrest Sufficient Reasons to Condone Delay in Filing Appeal(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Cochin has held that the reasons such as financial crisis and labour unrest are enough grounds for condoning the.....

Tags : Income Tax Appellate Tribunal, Condone Delay in Filing Appeal



CESTAT, New Delhi: Importer Not Obliged to Pay Any Amount on Advertisement and Sale Promotion(18.02.2020)

Custom, Excise, and Service Tax Appellate Tribunal (CESTAT), New Delhi has held that the expenditure incurred on the activities of advertisement and s.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Advertisement and Sale Promotion



ITAT, Bangalore: Royal Challengers Eligible for Tax Deduction for Contribution(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has allowed tax deduction to Royal Challengers Sports Pvt. Ltd. on its contribution of Rs. 15 Crores t.....

Tags : Income Tax Appellate Tribunal, Tax Deduction for Contribution, Royal Challengers



ITAT, Delhi: License Fee Paid to Indian Railway Allowable as Depreciation(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that depreciation under section 32 of the Income Tax Act, 1961 is allowable in respect of the amo.....

Tags : Income Tax Appellate Tribunal, License Fee Paid to Indian Railway



ITAT, Pune: Addition for Unexplained Cash Credit Can’t be Merely on Suspicion(12.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune has held that additions for unexplained cash credits under Section 68 of the Income Tax Act, 1961 cannot be.....

Tags : Income Tax Appellate Tribunal, Unexplained Cash Credit



ITAT, Delhi: No Income Tax on Compensation Received on Compulsory Acquisition of Agricultural Land(12.03.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that income tax cannot be levied on the compensation or enhanced compensation received on compuls.....

Tags : Income Tax Appellate Tribunal, Compensation on Compulsory Acquisition of Agricultural Land



ITAT, Cochin Denies Tax Exemption to Trust on Micro Finance Activity(12.03.2020)

Income Tax Appellate Tribunal (ITAT), Cochin has held that micro finance activity cannot be treated as charitable in nature for the purpose of allowin.....

Tags : Income Tax Appellate Tribunal, Micro Finance Activity



NCLAT Seeks Resolution of IL&FS Cases in 90 Days(13.03.2020)

National Company Law Appellate Tribunal has approved the resolution framework for Infrastructure Leasing & Financial Services Limited (IL&FS) Group an.....

Tags : National Company Law Appellate Tribunal, IL&FS Cases



NCLAT Rejects Government Plea to Remove Board of 63 Moons Technologies(13.03.2020)

National Company Law Appellate Tribunal has set aside the Government’s plea to supersede the board of 63 Moons Technologies. The Tribunal further uphe.....

Tags : National Company Law Appellate Tribunal, 63 Moon Technologies



NCLAT Sets Aside CAIT’s Plea Against Flipkart-Walmart Deal(13.03.2020)

National Company Law Appellate Tribunal has dismissed a Petition filed by Confederation of All India Traders (CAIT) against the Competition Commission.....

Tags : National Company Law Appellate Tribunal, Flipkart-Walmart Deal



CESTAT, Mumbai: No Service Tax on Rent Received from Bullock Carts with Tyres & Without Driver(28.02.2020)

Customs Excise and Service Tax Appellate Tribunal ( CESTAT ), Mumbai has held that tyre Bullock Carts without bullocks and driver, provided by the App.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Rent Received from Bullock Carts with Tyres & Without Driver



CESTAT, Mumbai: Sahara India TV Network Can Utilize Cenvat Credit for Payment of Service Tax(28.02.2020)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai has ruled that Sahara India TV Network is entitled to utilize Cenvat credit for payme.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Sahara India TV Network



ITAT, Ahmedabad: Deduction on Legal and Professional Fees Incurred to Improve Day to Day Working(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that general deduction on Legal and Professional Fees incurred for the improvement of day to .....

Tags : Income Tax Appellate Tribunal, Deduction on Legal and Professional Fees



ITAT, Ahmedabad: Expenses on Interest Payment on Loans Not Added While Computing Book Profit(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that expenses on account of interest payment on loans could not be added while computing book.....

Tags : Income Tax Appellate Tribunal, Computing Book Profit



ITAT, Pune: Stamp Value Would be Full Consideration Only if Payment Made Through Bank(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune has observed that the stamp value on the date of agreement to sell shall be considered as full value of con.....

Tags : Income Tax Appellate Tribunal, Stamp Value



ITAT, Bangalore Deletes Penalty on TDS Default by SBI on LTC Payments(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has deleted the penalty proceedings initiated by the tax department against the State bank of India ( .....

Tags : Income Tax Appellate Tribunal, Penalty on TDS Default by SBI



ITAT, Jaipur: Exemption u/s 11 and 12 Allowable on Donation by Charitable Trust(01.12.2020)

Income Tax Appellate Tribunal (ITAT), Jaipur has given relief to Rajasthan Cricket Association and held that the exemption under Section 11 and 12 of .....

Tags : Income Tax Appellate Tribunal, Exemptions on Donations by Charitable Trust



ITAT, Mumbai: Taxpayer Can Add Price Paid for Amenities to Arrive atTotal Cost of Acquisition(02.12.2020)

Income-Tax Appellate Tribunal (ITAT), Mumbai has held that the taxpayer can add the price paid for amenities to a builder’s group company to arrive at.....

Tags : Income Tax Appellate Tribunal, Total Cost of Acquisition



CESTAT: CENVAT Credit Can’t be Denied on Sales Commission(02.12.2020)

Customs, Excises, and Service Taxes Appellate Tribunal (CESTAT) has held that the CENVAT Credit cannot be denied on sales commission as it falls under.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, CENVAT Credit



CESTAT: No Service Tax Applicable on Permanent Transfer of IPR(02.12.2020)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is applicable on permanent transfer of Intellectual Property.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Permanent Transfer of IPR



ITAT, Mumbai: No TDS on Sales Commission Paid to Overseas Agents(04.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that tax cannot be detected at source on Sales Commission paid to Overseas Agents not having Per.....

Tags : Income Tax Appellate Tribunal, Sales Commission Paid to Overseas Agents



ITAT, Bangalore: No TDS Applicable on Reimbursement of Actual Cab Expenses(04.12.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that no TDS (Tax Deducted at Source) is applicable on the reimbursement of the actual cab exp.....

Tags : Income Tax Appellate Tribunal, Reimbursement of Cab Expenses



ITAT, Mumbai: No Disallowance of Interest on Borrowed Capital for Business Purposes(04.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that interest paid on borrowed funds used for business purposes cannot be disallowed.

Tags : Income Tax Appellate Tribunal, Disallowance of Interest on Borrowed Capital



Supreme Court Seeks Govt Reply Over Vacancies in ITAT(24.01.2017)

Supreme Court has sought Government's response on plea seeking appointment of President and Vice Presidents in different Benches of Income Tax Appella.....

Tags : Supreme Court, Income Tax Appellate Tribunals, Vacancy ,



Supreme Court Orders Status Quo on CCI Probe Over Uber Pricing(30.01.2017)

Supreme Court has stayed a probe ordered by Competition Appellate Tribunal against taxi aggregator Uber for allegedly misusing its dominant position a.....

Tags : Supreme Court, Competition Appellate Tribunal, Uber



Supreme Court Rejects Pleas to Allow APTEL Technical Member to Hold Office(21.12.2020)

Supreme Court has rejected pleas to allow the Technical Member of Appellate Tribunal for Electricity (APTEL) to hold office till 31st December, 2020 s.....

Tags : Supreme Court, Appellate Tribunal for Electricity Technical Member



ITAT, Mumbai: Cess Paid Can be Deducted Under Head ‘Profits and Gains of Business or Profession’(22.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the cess paid can be deducted while computing income chargeable under the head “profits and.....

Tags : Income Tax Appellate Tribunal, Cess Paid



CESTAT: Licence of Customs Broker Cannot be Revoked Without Cross-Examination(23.12.2020)

Customs, Excises, Service Taxes Appellate Tribunal (CESTAT) held that the license of Customs Broker cannot be revoked without granting an opportunity .....

Tags : Customs, Excises, Service Taxes Appellate Tribunal, Licence of Customs Broker



ITAT, Mumbai: No Tax on Compensation Received for Loss of Trees(23.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that no Tax is applicable on Compensation received for loss of Trees.

Tags : Income Tax Appellate Tribunal, Compensation for Loss of Trees



NCLAT Turns Down Reference Seeking Re-Consideration of Decision in V. Padamakumar Case(23.12.2020)

National Company Law Appellate Tribunal has turned down a reference made by a three-member Bench, seeking re-consideration of the decision in V. Padam.....

Tags : National Company Law Appellate Tribunal, V. Padamakumar v. Stressed Assets Stabilization Fund (SASF) & Anr.



ITAT, Mumbai: Mobilisation Fees Not ‘Royalty’ Under India-Singapore Tax Treaty(18.11.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the mobilisation fees received from the time charter of the vessel would not fall within de.....

Tags : Income Tax Appellate Tribunal, Mobilisation Fees



ITAT, Bangalore: Deduction Cannot be Denied on Non-Completion of Residential House(19.11.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the deduction under Section 54 of the Income Tax Act, 1961 cannot be denied for non-comp.....

Tags : Income Tax Appellate Tribunal, Non-Completion of Residential House



ITAT, Ahmedabad: Transaction Not Colorable Because Assessee Claimed Depreciation on Goodwill(19.11.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the transaction cannot be regarded as a colorable device merely on the basis that assess.....

Tags : Income Tax Appellate Tribunal, Depreciation on Goodwill



TDSAT Dismisses ISP Netmagic’s Plea Against DoT’s AGR Demand(23.11.2020)

Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has dismissed Internet service provider (ISP) Netmagic Solutions' plea to prevent the Departm.....

Tags : Telecom Disputes Settlement & Appellate Tribunal, Adjusted Gross Revenue Demand



ITAT, Bangalore: EY Entitled to Deduction Under Section 10AA on Voluntary Transfer Pricing Adjustment(25.11.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the assessee is entitled to deduction under Section 10AA of the Income Tax Act, 1961 on .....

Tags : Income Tax Appellate Tribunal, EY, Voluntary Transfer Pricing Adjustment



ITAT, Mumbai: Company Granting Bonus to Employees or Shareholder Entitled to Tax Benefits(25.11.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the company which is granting bonuses to its employees or shareholders is entitled to tax b.....

Tags : Income Tax Appellate Tribunal, Company Granting Bonus



INSOLVENCY - NCLAT Allows Implementation of Arcelor Mittal's Resolution Plan for Essar Steel(19.03.2019)

National Company Law Appellate Tribunal (NCLAT) has given conditional approval to Arcelor Mittal's Rs 42,000 crore resolution plan for Essar Steel, su.....

Tags : National Company Law Appellate Tribunal, Arcelor Mittal, Essar Steel



INSOLVENCY - NCLAT Sets Aside Jyoti Structures Liquidation(25.03.2019)

National Company Law Appellate Tribunal (NCLAT) has set aside the order to liquidate Jyoti Structure and asked the Mumbai bench of NCLT to consider th.....

Tags : National Company Law Appellate Tribunal, Jyoti Structure, Sharad Sanghi, NCLT



DIRECT TAXATION - Addition for Unexplained Share Capital and Share Premium Can’t be Made Prior to 2013 Amendment: ITAT(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that addition in respect of share capital and premium by treating the same as unexplained cannot be made.....

Tags : Income Tax Appellate Tribunal, ITAT, Income Tax Act, 1961



DIRECT TAXATION - ITAT Rejects Fake Claim for Deduction of Rent Paid to Mother as Same Was an Afterthought(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has disallowed a fake claim for deduction because it was established that the rent paid to mother was nothing, bu.....

Tags : Income Tax Appellate Tribunal, ITAT, Rent Deduction, false claim



DIRECT TAXATION - Delay in Statutory Audit is Reasonable Cause for Delayed Filing of Tax Audit Report: ITAT(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that the delay in completion of statutory audit can be a reasonable cause for delay in filing of the tax.....

Tags : Income Tax Appellate Tribunal, ITAT, statutory audit, tax audit report



DIRECT TAXATION - ITAT: Mere Suspicion that Expenditure is for Non-Business Purposes Can’t be a Ground for Addition(28.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that addition cannot be made merely on the ground that the expenditure is for non-business purposes.

Tags : Income Tax Appellate Tribunal, ITAT



Allahabad HC Stops Establishment of GST Appellate Tribunal in UP Without Court's Permission(05.03.2021)

Allahabad High Court has restrained the Central Government from establishing the Goods and Services Tax Appellate Tribunal in the State of Uttar Prade.....

Tags : Allahabad High Court, Establishment of GST Appellate Tribunal



ITAT, Bangalore Confirms Disallowance of Advertisement Expenses(08.12.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has confirmed the disallowance of advertisement expenses relating to the construction of the swimming .....

Tags : Income Tax Appellate Tribunal, Advertisement Expenses



ITAT: No Tax Applicable on India-Singapore Tax Treaty(08.12.2020)

Income Tax Appellate Tribunal (ITAT) has held that no tax applicable on the shipping income of foreign vessels under the India-Singapore Tax Treaty.

Tags : Income Tax Appellate Tribunal, India-Singapore Tax Treaty



CESTAT, Chandigarh: Service Tax Cannot be Imposed on Promotional Activities of Coca Cola Franchisee(08.12.2020)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh has held that service tax cannot be imposed on Coca Cola Franchisee for the pr.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Coca Cola



ITAT, Bangalore Stays Recovery of Outstanding Tax Arrears Against Google India(14.12.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has stayed the recovery of outstanding tax arrears to the tune of Rs.1260.56 Crores against Google Ind.....

Tags : Income Tax Appellate Tribunal, Google India



CESTAT, Delhi: No Service Tax Applicable on Additional Interest Recovered from Customers(14.12.2020)

Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Delhi has held that service tax is not applicable on additional interest recovered from cust.....

Tags : Customs, Excise, Service Tax Appellate Tribunal, Additional Interest Against Delayed Payment



ITAT, Bangalore Directs Assessing Officer to Re-Adjudicate Matter of Wipro GE Healthcare(14.12.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has directed the Assessing Officer to re-adjudicate the matter of Wipro GE Healthcare in respect of tr.....

Tags : Income Tax Appellate Tribunal, Wipro GE Healthcare



ITAT: Share Application Money is ‘Capital Asset’ Under Income Tax Act(18.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that Share Application Money is ‘Capital Asset’ for the purpose of Income Tax Act, 1961.

Tags : Income Tax Appellate Tribunal, Share Application Money



NCLAT: 14 Days Timeline to Admit or Reject Case Under IBC a 'Mere Directive'(22.05.2017)

National Company Law Appellate Tribunal (NCLAT) has said that 14-day timeline for rejecting or admitting a case under Insolvency and Bankruptcy Code (.....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code



ITAT: Purchase of Land before Sale of Capital Asset ineligible for Deduction(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the capital gain exemption under Section 54 of the Income Tax Act, 1961 cannot be availed in case o.....

Tags : Income Tax Appellate Tribunal, Section 54, Income Tax Act, 1961



ITAT: Revisional Jurisdiction Can’t be Exercised on Issue not Covered in Re-Assessment(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that Commissioner of Income Tax cannot invoke revisional jurisdiction under Section 263 of Income Tax Ac.....

Tags : Income Tax Appellate Tribunal, Section 263, Income Tax Act, 1961



ITAT: Mistake Committed by Advocate is Reasonable Cause for Condonation of Delay(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the mistake committed by Advocate is a reasonable cause for condonation of delay in filing appeals.

Tags : Income Tax Appellate Tribunal, condonation of delay



Service Tax Paid by Mistake Can’t be Refunded under Finance Act, 1994: CESTAT(10.05.2019)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that refund of the service tax paid by mistake cannot be processed under the Fina.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Finance Act, 1994



ITAT, Kolkata Allows Long-Term Capital Loss from Sale of Government Securities(23.03.2021)

Income Tax Appellate Tribunal (ITAT), Kolkata has allowed the Long-Term Capital Loss arising from the sale of Government Securities after applying the.....

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ITAT, Bangalore: Shortage of Manpower on Account of Merger Sufficient for Condonation of Delay(24.03.2021)

Income Tax Appellate Tribunal, Bangalore has stated that shortage of manpower and lack of guidance/expertise in taxation, on account of merger of Stat.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay



ITAT, Kolkata: Re-Assessment Without Any ‘Fresh Tangible Materials’ is Bad in Law(24.05.2017)

Kolkata bench of Income Tax Appellate Tribunal has ruled that re-assessment solely based on original assessment records and without any fresh tangible.....

Tags : Kolkata, Income Tax Appellate Tribunal, Re-Assessment



NCLAT Rules 'Dispute' As Defined in IBC is Illustrative and Not Exhaustive(25.05.2017)

National Company Law Appellate Tribunal has held that the term “dispute” as defined in Insolvency and Bankruptcy Code (S. 9) is illustrative and not e.....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code



Govt. Increases Retirement Age of Presiding Officers of SAT to 70 years(30.05.2017)

Ministry of Finance has issued a Notification increasing the retirement age of Presiding Officers of Securities Appellate Tribunal (SAT) to 70 years.

Tags : Ministry of Finance, Securities Appellate Tribunal



Government Notifies Merger of COMPAT with NCLAT(30.05.2017)

Government of India (GoI) has notified May 26, 2017 as the day on which appeals that were previously being heard by Competition Appellate Tribunal (CO.....

Tags : Government of India, Competition Appellate Tribunal, National Company Law Appellate Tribunal



ITAT,Hyderabad: No Penalty If Assessee Discloses Correct Income During Scrutiny(30.05.2017)

Income Tax Appellate Tribunal (ITAT), Hyderabad has held that penalty under Section 271(1)(c) of Income Tax Act is not leviable in a case where assess.....

Tags : Income Tax Appellate Tribunal (ITAT), Hyderabad



ITAT, Hyderabad: Deduction Granted in First Year Cannot be Denied in Subsequent Years(11.05.2021)

Income Tax Appellate Tribunal (ITAT), Hyderabad has ruled that the deduction under section 80IA(4) of the Income Tax Act, 1961 granted in first year c.....

Tags : Income Tax Appellate Tribunal, Deduction Granted in First Year



ITAT, Delhi Allows Hero FinCorp to Delete Disallowance of Expenses Against Leased Rent(08.03.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has provided a relief to Hero FinCorp by deleting the disallowance of expenses claimed against lease rent.

Tags : Income Tax Appellate Tribunal, Hero FinCorp



ITAT, Chennai Directs AO to Allow Expenditure at Head Office Against Interest Income(08.03.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has directed the Assessing Officer to allow expenditure incurred at Head Office except for director sala.....

Tags : Income Tax Appellate Tribunal, Expenditure at Head Office



ITAT, Mumbai: Uber India Not Liable to Deduct TDS for Payments Made to Drivers(09.03.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that Uber India is not liable to deduct tax at source (TDS) for payments made to the drivers, po.....

Tags : Income Tax Appellate Tribunal, Uber India



ITAT, Bangalore: Income of Assessee to be Estimated at 8% of Gross Turnover(10.03.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that the income of the assessee be estimated at 8% of the gross turnover if books of account.....

Tags : Income Tax Appellate Tribunal, Income of Assessee



CESTAT, New Delhi Quashes Countervailing Duty of 2.47% on Continuous Cast Copper Wire(10.03.2021)

Customs, Excises, Service Taxes Appellate Tribunal (CESTAT), New Delhi has quashed the countervailing duty (CVD) of 2.47% on Continuous Cast Copper Wi.....

Tags : Customs, Excises, Service Taxes Appellate Tribunal, Continuous Cast Copper Wire



ITAT, Mumbai Denies Refund of Foreign Taxes Paid by Bank of India(12.03.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has denied in a recent order a refund in respect of foreign taxes aggregating to Rs 182.6 crore paid by B.....

Tags : Income Tax Appellate Tribunal, Bank of India



SAT Sets Aside SEBI Approval to Set up SRO for MF Distributor(04.11.2015)

Securities Appellate Tribunal (SAT) has set aside an approval granted by Securities and Exchange Board of India (SEBI) to Institution for Mutual Fund .....

Tags : Securities Appellate Tribunal, Securities and Exchange Board of India, Institution for Mutual Fund Intermediaries, Self-Regulatory Organization



SAT Upholds SEBI Order Imposing Fine on Former YES Bank CEO, Rana Kapoor(22.06.2021)

Securities Appellate Tribunal has upheld the order by the Securities and Exchange Board of India imposing fine of Rs. 1 Crore on former YES Bank CEO, .....

Tags : Securities Appellate Tribunal, Former YES Bank CEO, Rana Kapoor



SAT Allows PNB Housing Finance to Seek Vote on Capital Deal with Carlyle(22.06.2021)

Securities Appellate Tribunal has allowed PNB Housing Finance to seek vote from the shareholders on Rs, 4000 Crores capital deal with American Private.....

Tags : Securities Appellate Tribunal, PNB Housing Finance



ITAT, Bangalore: Long Term Capital Loss to be Computed from Date of Possession of Property(22.06.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that long term capital loss is to be computed from the date of possession of Property and not.....

Tags : Income Tax Appellate Tribunal, Long Term Capital Loss



CESTAT, Delhi: Manufacturer Entitled to Avail Cenvat Credit on Port Charges(22.06.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that the manufacturer is entitled to avail cenvat credit on port charges.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Cenvat Credit on Port Charges



CESTAT, Mumbai Deletes Custom Duties, Penalties on Retail Packing of Diapers and Sanitary Napkins(22.06.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai has provided relief to the Godrej Hygiene Products Ltd, by deleting the Customs d.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Custom Duties, Penalties on Retail Packing of Diapers and Sanitary Napkins



SAT Sets Aside SEBI Order of Imposing Penalty on Reliance Petroinvest(09.12.2015)

Securities Appellate Tribunal (SAT) has set aside an order by Securities and Exchange Board of India (SEBI) against Reliance Petroinvestments in a ca.....

Tags : Securities Appellate Tribunal, Securities and Exchange Board of India, Reliance Petroinvestments



NCLAT Grants Shareholding Waiver to Mistry(22.09.2017)

National Company Law Appellate Tribunal (NCLAT) has waived the minimum shareholding rule for Ousted Tata Sons chairman Cyrus Mistry to file a case of .....

Tags : National Company Law Appellate Tribunal



ITAT: Interest on Enhanced Compensation Recd. under LA Act Not Subject to Capital Gain Tax(28.09.2017)

Income Tax Appellate Tribunal (ITAT) has held that the interest received on enhanced compensation for land compulsorily acquired under the Land Acquis.....

Tags : Income Tax Appellate Tribunal, Capital Gain, Land Acquisition Act



ITAT, Mumbai Directs AO to Set Off MAT Credit in Relief to Tata Motors(30.07.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has directed the Assessing Officer to set off of (MAT) credit inclusive of surcharge, education cess in a.....

Tags : Income Tax Appellate Tribunal, Tata Motors



ITAT, Delhi: Provision of Ground Rent Shall Not be Allowable Under Section 43B Income Tax Act(03.08.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the provision of ground rent shall not be allowable under section 43B of the Income Tax Act,.....

Tags : Income Tax Appellate Tribunal, Provision of Ground Rent



CESTAT, Delhi: LLPs Not Liable to Pay Service Tax Under Reverse Charge Mechanism(03.08.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that a Limited Liability Partnership (LLP), being not a “Body Corporate” u.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Limited Liability Partnership



ITAT, Jaipur: Defect in Notice would invalidate Penalty Proceedings(26.06.2019)

Income Tax Appellate Tribunal (ITAT), Jaipur Bench has held that the defect in the notice issued by the income tax department would nullify the entire.....

Tags : Income Tax Appellate Tribunal, Invalidation of penalty proceedings



ITAT, Delhi: Actual Receipt of Money by Assessee is Mandatory for Unexplained Cash Credit(29.04.2021)

Income Tax Appellate Tribunal (ITAT), Delhi, while providing the relief to the Zexus Air Services Pvt. Ltd., has ruled that actual receipt of money by.....

Tags : Income Tax Appellate Tribunal, Unexplained Cash Credit



Maharashtra Real Estate Appellate Tribunal: Right to Reserve Flat Includes Right to Cancel(29.04.2021)

Maharashtra Real Estate Appellate Tribunal has observed that the right to reserve a flat includes the right to cancel the reservation. Therefore, a bu.....

Tags : Maharashtra Real Estate Appellate Tribunal, Right to Cancel Reservation



ITAT, Hyderabad: Property Ceases to be Business Asset When No Depreciation Claimed(30.04.2021)

Income Tax Appellate Tribunal (ITAT), Hyderabad has ruled that Property ceases to be a business asset when no depreciation is claimed and profit and g.....

Tags : Income Tax Appellate Tribunal, Property



APTEL Directs TANGEDCO to Supply Electricity to Vedana Sterlite’s Copper Plant in Tuticorin(05.05.2021)

Appellate Tribunal for Electricity (APTEL) has directed the Tamil Nadu Generation and Distribution Corporation (TANGEDCO) to supply electricity to Ved.....

Tags : Appellate Tribunal for Electricity, Tamil Nadu Generation and Distribution Corporation



ITAT, Chandigarh: Tax Authorities Cannot Evade Responsibility to Collect Correct Taxes(10.05.2021)

Income Tax Appellate Tribunal (ITAT), Chandigarh has held that the Tax authorities cannot evade responsibility to ensure only correct and due taxes ar.....

Tags : Income Tax Appellate Tribunal, Responsibility to Collect Correct Taxes



NCLAT: Pendency of Appeal Under Arbitration Act Does Not Bar Insolvency Process Under IBC(01.09.2017)

National Company Law Appellate Tribunal has observed that pendency of S.37 appeal under Arbitration Act cannot be treated as an ‘existence of dispute’.....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code



ITAT, Mumbai Grants Relief to Red Hat India Pvt Ltd as AO Did Not Follow DRP’s Directions(05.07.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that adjustment relating to International Transactions pertaining to the provision of software .....

Tags : Income Tax Appellate Tribunal, Red Hat India Private Limited



CESTAT, Delhi: Finished Goods Not Liable for Confiscation in Absence of Any Finding(05.07.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that the finished goods are not liable for confiscation in absence of an.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Finished Goods



CESTAT, Bangalore Allows Refund of Cenvat Credit as Transition Merely an Error(05.07.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Bangalore has allowed the refund of cenvat credit as the transition of refund amount mer.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Refund of Cenvat Credit



CESTAT, Delhi Directs Department to Allow Refund of Excise Duty Paid by Ray-Ban India(06.07.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has directed the central excise department to allow refund of excise duty paid by t.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Ray-Ban India



ITAT, Delhi Upholds Income Tax Addition of 3.9 Crores against Indian Franchise of KFC, Pizza Hut(07.07.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has upheld an Income Tax addition of Rs. 3,91,94,260 against Indian franchise of KFC, Pizza Hut, holding t.....

Tags : Income Tax Appellate Tribunal, KFC, Pizza Hut



Pune ITAT: Higher Education Abroad Is No Bar for Claiming Interest on Edu Loans for Tax Deduction(02.12.2015)

Pune Income-tax Appellate Tribunal (ITAT) has held that deduction for interest paid on educational loans taken for higher studies will be allowed from.....

Tags : Pune Income-tax Appellate Tribunal , Edu Loans for Tax Deduction



ITAT, Bangalore: Addition Cannot be Made If Gift is Invalid(06.11.2017)

Income Tax Appellate Tribunal, Bangalore has ruled that if the gift is invalid then no addition can be done in respect of the same under the provision.....

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CESTAT, Delhi: Importer Cannot be Held Liable for Non-Generation of Bills of Entry Numbers(17.08.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the importer cannot be held liable for the non-generation of Bills of.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Non-Generation of Bills of Entry Numbers



CESTAT: Service Provider Not Liable to Pay Service Tax on Commission Paid to Overseas Agent(17.08.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the service provider engaged Textile Processing is not liable to pa.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Service Tax on Commission Paid to Overseas Agent



CESTAT, Delhi: No Service Tax Applicable on Transporter of Firewood(18.08.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that no Service Tax is applicable on transporter of firewood as carting .....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Transporter of Firewood



CESTAT, Delhi: No Service Tax Applicable on Transporter of Firewood(18.08.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that no Service Tax is applicable on transporter of firewood as carting .....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Transporter of Firewood



COMPAT Stays CCI's Rs 151-Crore Penalty on Jet Airways(23.02.2016)

Competition Appellate Tribunal (COMPAT) has stayed Competition Commission of India (CCI) ‘s penalty of Rs 151.69 crore imposed on Jet Airways for alle.....

Tags : Competition Appellate Tribunal , Competition Commission of India , Jet Airways



Madras HC Recommends Constitution of Quasi-Judicial Appellate Tribunal(02.11.2021)

Madras High Court has observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely and has recommend.....

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Madras High Court Warns Greater Chennai Corporation Over Waterlogging Issue(10.11.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, while directing the Goods and services tax (GST) refund to Service Provider rul.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Claiming GST Refund



CESTAT: Pre-Delivery and After Sale Service Charges Not included in Assessable Value of Vehicle(10.11.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the pre-delivery and after sale service charges cannot be included i.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Assessable Value of Vehicle



CESTAT, Kolkata: No Service Tax Can be Levied on Compensation for Cancelation of Coal Blocks(11.11.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata has ruled that no service tax can be levied on amounts received as compensation .....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Compensation for Cancelation of Coal Blocks



ITAT: BCCI Can't Be Denied Income Tax Exemption Just Because IPL Makes Profits(15.11.2021)

Income Tax Appellate Tribunal has held that the Board of Control for Cricket in India (BCCI) is entitled to registration under Section 12A of the Inco.....

Tags : Income Tax Appellate Tribunal, Board of Control for Cricket in India



ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....

Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal



ITAT, Pune: License Fees for Use of Industrial Parks Assessable as ‘Business Income’(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Pune has recently held that the license fees received for the use of Industrial Parks should be assessed as busi.....

Tags : Income Tax Appellate Tribunal, License Fees for Use of Industrial Parks



ITAT, Bangalore: Belated Payment of Service Tax Collected Can be Allowed on Actual Payment(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that belated paid service tax collected to Government exchequer can be allowed on actual paym.....

Tags : Income Tax Appellate Tribunal, Belated Payment of Service Tax



Securities Appellate Tribunal Grants Securities and Exchange Board of India time in CG Power Case(19.02.2020)

Securities Appellate Tribunal has granted Securities and Exchange Board of India time till 10th March, 2020 to pass the final order in the matter rela.....

Tags : Securities Appellate Tribunal, Securities and Exchange Board of India, CG Power Case



NCLAT Decides to Close Umang Realtech Insolvency Resolution Process(19.02.2020)

National Company Law Appellate Tribunal has decided to close the corporate insolvency resolution process against Umang Realtech if the company manages.....

Tags : National Company Law Appellate Tribunal, Umang Realtech Insolvency Resolution Process



CESTAT, Mumbai Directs Redetermination of Quantum of Service Tax on Rent of Marriage Hall, Etc(06.01.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has directed the redetermination of quantum of service tax leviable on rents of ma.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Service Tax on Rent of Marriage Hall, Etc



Securities Appellate Tribunal Grants Interim Relief to Axis Bank(16.01.2020)

Securities Appellate Tribunal has granted interim relief to Axis Bank in the Appeal seeking status quo on the Order passed by the Securities and Excha.....

Tags : Securities Appellate Tribunal, Axis Bank, Karvy Stock Broking Case



CESTAT: No Vivisection in Service and Material Components of Contract is Composite Works Contract(16.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where a contract cannot be vivisection between service component and mater.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Composite Works Contract



CESTAT Hyderabad: Service Tax Paid on GTA Services Available as Refund and Is Not Exempt(16.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where the conditions for availing a refund of service tax on Goods Transpo.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Goods Transport Agency Services, Service Tax



ITAT Delhi: Exemption to Agricultural Lands Bought not for Business Purposes Allowed(17.01.2020)

Income Tax Appellate Tribunal, Delhi has allowed exemption on agricultural lands bought without an intention to purchase the land for any business pur.....

Tags : Income Tax Appellate Tribunal, Exemption on Agricultural Lands



ITAT, Delhi: Addition Cannot be Made on Evidence of Third Party(09.12.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Addition cannot be made on evidence of third party without granting the cross-examinatio.....

Tags : Income Tax Appellate Tribunal, Addition on Evidence of Third Party



ITAT Allows Deduction on Expense of Education Cess in Relief to PC Jewellers(09.12.2021)

Income Tax Appellate Tribunal (ITAT) has granted the deduction on Expense of Education Cess as it does not fall under capital expense, personal expen.....

Tags : Income Tax Appellate Tribunal, Relief to PC Jewellers



COMPAT Stays Rs 1,773-cr Penalty on Coal India, Imposed by CCI(18.05.2016)

Competition Appellate Tribunal (COMPAT) has set aside Rs 1,773-crore penalty imposed on Coal India by the Competition Commission of India (CCI). It al.....

Tags : Competition Appellate Tribunal, Competition Commission of India



National Companies Law Appellate Tribunal Removes Strictures on ROC in Tata Sons’ Case(03.01.2020)

National Companies Law Appellate Tribunal has removed strictures against the Registrar of Companies, Mumbai, from its order that ruled that Tata Sons’.....

Tags : National Companies Law Appellate Tribunal, Tata Sons



National Company Law Appellate Tribunal Rejects Registrar of Company’s Plea in Tata- Mistry Case(07.01.2020)

National Company Law Appellate Tribunal has dismissed the petition filed by the Registrar of Companies and refused to modify its judgement passed in t.....

Tags : National Company Law Appellate Tribunal, Tata



Income Tax Appellate Tribunal, Bangalore: Delay in Furnishing Audit Reports is Mere Technical Breach(09.01.2020)

Income Tax Appellate Tribunal, Bangalore has held that the delay in furnishing audit reports results only in the technical venial breach which does no.....

Tags : Income Tax Appellate Tribunal, Audit Reports



Customs, Excise & Service Tax Appellate Tribunal Mumbai Quashes Show Cause Notice Issued After 5 Year(10.01.2020)

Customs, Excise & Service Tax Appellate Tribunal Mumbai has set aside the order of the Commissioner of Appeals stating that show cause notice issued a.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Show-Cause Notice



ITAT: Royalty from Operator Agreement not Chargeable to Income Tax Under Indo-US Tax Treaty(30.11.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that royalty from Operator agreement not chargeable to Income Tax under Indo-US Tax Treaty.

Tags : Income Tax Appellate Tribunal, Royalty from Operator Agreement



Wrong Name in Assessment Order Can’t be Cured by Invoking Section 292B: ITAT(19.07.2018)

Income Tax Appellate Tribunal (ITAT) held that mentioning of wrong name in an assessment order cannot be cured by invoking Section 292B of Income Tax .....

Tags : Income Tax Appellate Tribunal, Section 292B of Income Tax Act, 1961



Financial Crisis is a ‘Reasonable Cause’ for Delayed Deposit of TDS: ITAT(19.07.2018)

Income Tax Appellate Tribunal (ITAT) held that financial crisis can be a reasonable cause for not depositing the TDS amount with the Government accoun.....

Tags : Income Tax Appellate Tribunal, Section 273B of IT Act



NCLAT Bars Appointment of Retired Bank Official as Resolution Professional(25.05.2020)

National Companies Law Appellate Tribunal has upheld a bankruptcy tribunal order prohibiting appointment of a former employee of financial creditor as.....

Tags : National Companies Law Appellate Tribunal, Resolution Professional



CESTAT, Chennai: Builder Cannot be Liable to Pay Service Tax for Construction of Residential Flats(31.01.2022)

Customs, Central Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the builder cannot be liable to pay service tax for the con.....

Tags : Customs, Central Excise and Service Tax Appellate Tribunal, Service Tax for Construction of Residential Flats



CESTAT, Delhi: Amount of Service Tax Paid by Mistake to be Treated as Deposit and to be Refunded(31.01.2022)

Central Excise, Customs and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the amount of service tax paid by mistake shall be treated as.....

Tags : Central Excise, Customs and Service Tax Appellate Tribunal, Amount of Service Tax Paid by Mistake



NCLAT: Superseded Director Not Entitled to Notice of CoC Meeting(31.01.2022)

National Company Law Appellate Tribunal has held that there exists a difference between supersession of Directors under the Reserve Bank of India Act,.....

Tags : National Company Law Appellate Tribunal, Superseded Director



CESTAT, Kolkata: No Service Tax on ‘Evacuation of Ash Pond” and Its Transportation(23.03.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata has held that the removal of fly ash from the pond cannot be termed as “Cleaning a.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Evacuation of Ash Pond



ITAT, Kolkata: No Addition on Share Premium if Shares Allotted Under Barter System(24.03.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has held that the Assessing Officer cannot invoke the provisions of Section 68 of the Income Tax Act, 19.....

Tags : Income Tax Appellate Tribunal, Addition on Share Premium



CESTAT, New Delhi: Area Based Exemption is Available to New Unit(24.03.2020)

Customs Excise and Services Tax Appellate Tribunal, New Delhi has held that area based exemption under Central Excise Rules, 2002 is available where t.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Area Based Exemption



NCLAT Withdraws Roster for Urgent Listing(24.03.2020)

National Company Law Appellate Tribunal (NCLAT) has withdrawn the rosters issued in regard to hearing of urgent matters on 25th March, 2020 and 1st Ap.....

Tags : National Company Law Appellate Tribunal, Withdrawal of rosters



ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.



ITAT, Delhi: Charitable Trust Entitled to Adjust Excess Expenditure in Subsequent Income(08.02.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Charitable trust is entitled to carry forward, adjust excess expenditure in earlier year.....

Tags : Income Tax Appellate Tribunal, Charitable Trust



NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....

Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor



NCLAT: Ola Has Not Abused Its Dominant Position, Not Used Predatory Pricing(18.01.2022)

National Company Law Appellate Tribunal has refused to set aside the order passed by the Competition Commission of India in 2017 and held that Ola has.....

Tags : National Company Law Appellate Tribunal, Ola, Predatory Pricing



ITAT, Ahmedabad: Mere Change of Opinion Cannot be Ground Invoking Revisional Jurisdiction(24.01.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad, has held that a mere change of opinion cannot be a ground for invoking revisional jurisdiction under .....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction



ITAT, Chennai: Right Through Share Warrants is Valuable Right, Can be Treated as Capital Asset(24.01.2022)

Income Tax Appellate Tribunal (ITAT), Chennai, has held that a right acquired through share warrants is a valuable right, can be treated as a capital .....

Tags : Income Tax Appellate Tribunal, Right Through Share Warrants



NCLAT: Asset Can be Kept Out of Liquidation Estate if Asset is Sub-Judice Before High Court(24.01.2022)

National Company Law Appellate Tribunal has held that an asset can be kept out of liquidation estate if the said asset is sub-judice before the High C.....

Tags : National Company Law Appellate Tribunal, Asset, Liquidation



NCLAT: Approval of Committee of Creditors Not Mandatory When Seeking Exclusion of Time(24.01.2022)

National Company Law Appellate Tribunal has held that the approval of the Committee of Creditors is not mandatory when seeking exclusion of time in vi.....

Tags : National Company Law Appellate Tribunal, Exclusion of Time



ITAT, Kolkata: Disallowance of Deduction of Interest Income Should be Restricted to Net Interest(08.05.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has held that disallowance of deduction under Section 80IB(10) of the Income Tax Act, 1961 in respect of.....

Tags : Income Tax Appellate Tribunal, Disallowance of Deduction of Interest Income



ITAT, Bangalore: Name of Assessee’s Son on Purchase Document Not to Affect Deduction(11.05.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the Assessee cannot be denied the 50% of deduction under Section 54 of the Income Tax Ac.....

Tags : Income Tax Appellate Tribunal, Purchase Document



ITAT, Delhi: Subscriber Fee Not Taxable as Royalty as Per India-Singapore DTAA(28.03.2022)

Income Tax Appellate Tribunal, Delhi has held that the subscriber fee would not be taxable as royalty as per the India-Singapore Double Taxation Avoid.....

Tags : Income Tax Appellate Tribunal, Subscriber Fee



ITAT, Delhi: Subscriber Fee Not Taxable as Royalty as Per India-Singapore DTAA(28.03.2022)

Income Tax Appellate Tribunal, Delhi has held that the subscriber fee would not be taxable as royalty as per the India-Singapore Double Taxation Avoid.....

Tags : Income Tax Appellate Tribunal, Subscriber Fee



ITAT, Ahmedabad: Amount Received from HUF Not in Nature of Gift and Shall Not be Taxable(28.03.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that the amount received by the assessee from its HUF which is not in the nature of gift or received.....

Tags : Income Tax Appellate Tribunal, Amount Received from HUF



ITAT, Ahmedabad: IBC to Have Overriding Effect Over Income Tax Proceedings(28.03.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that since the Insolvency and Bankruptcy Code, 2016 has overriding effect over the income tax.....

Tags : Income Tax Appellate Tribunal, Income Tax Proceedings, Liquidation



ITAT, Mumbai: Interest Income Earned by HSBC Bank Not Eligible to Tax(14.07.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that interest income of Rs 1,498 crore earned by HSBC Bank during the assessment year 2015-16 f.....

Tags : Income Tax Appellate Tribunal, HSBC Bank



ITAT, Delhi Allows Taxmann Publication Claim of Depreciation on Intangible CMS Software(16.07.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has directed the Assessing Officer to allow the Assessee, Taxmann Publication to claim depreciation on the.....

Tags : Income Tax Appellate Tribunal, Taxmann, Depreciation on CMS Software



ITAT, Jodhpur Grants Tax Exemption to Charitable Trust Providing Mid-Day Meals(16.07.2020)

Income Tax Appellate Tribunal (ITAT), Jodhpur has allowed income tax exemption to a charitable Trust engaging in the activity of providing mid-day mea.....

Tags : Income Tax Appellate Tribunal, Charitable Trust Providing Mid-Day Meals



ITAT, Mumbai Confirms Addition of Undisclosed Income of Renu T. Tharani(20.07.2020)

Income Tax Appellate Tribunal, Mumbai has allowed the sum of Rs 196 Crores held by HSBC Private Bank, Switzerland, in the name of Tharani Family Trust.....

Tags : Income Tax Appellate Tribunal, Renu T. Tharani



NCLAT Upholds Insolvency Proceedings Against Housing Development & Infrastructure Ltd.(21.07.2020)

National Company Law Appellate Tribunal (NCLAT) has upheld the order against the real estate giant, Housing Development & Infrastructure Limited (HDIL.....

Tags : National Company Law Appellate Tribunal, Housing Development & Infrastructure Limited



CESTAT, New Delhi Directs to Restore Customs Broker Licence(22.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has observed that no document to support the allegation and directs to reinstate the custo.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, reinstate, customs broker license



ITAT, Delhi: No TDS Since Routine Business Support Services Can’t be Treated as Fee for Technical Ser(25.04.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has has held that routine business support services are not taxable as fees for technical services (FTS) s.....

Tags : Income Tax Appellate Tribunal, Routine Business Support Services



CESTAT, Mumbai: Acceptance to Pay Duty Exempt from Liability of Confiscation and Redemption Fine(14.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has observed that voluntarily acceptance and willingness to pay the duty at the enhanced rate.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, voluntarily acceptance, enhanced rate, confiscation, redemption, exempt from liability



CESTAT, Bangalore: Service by Foreign Service Provider is not Telecommunication Service(14.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has observed that service by Foreign Service Provider is not Telecommunication Service and.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Foreign Service Provider, Telecommunication, service tax



CESTAT, Delhi: Spent Acid is not Exempted Good(14.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi, has quashed a demand, observing that since Spent Acid is not an exempted good, hence, the p.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Spent Acid, Rule 6(3) of CENVAT Credit Rules, 2004



CESTAT, Bangalore: Executive Appointed is not Manpower Recruitment or Supply Agency Service(14.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has observed that appointment of an executive by foreign/holding company is not Manpower R.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, appointment, Manpower Recruitment, Supply Agency Service



CESTAT, Bangalore: Executive Appointed is not Manpower Recruitment or Supply Agency Service(14.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has observed that appointment of an executive by foreign/holding company is not Manpower R.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, appointment, Manpower Recruitment, Supply Agency Service



CESTAT, Bangalore Holds Service, Being Export of Service, Cannot be Chargeable to Service Tax(14.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has observed that service recipient has not physically made accessible any goods to the se.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, service tax, service recipient, export



NCLAT Sets Aside NCLT Order to Add MCA as Party in All IBC Cases and Company Petitions(26.05.2020)

National Company Law Appellate Tribunal (NCLAT) has set aside an order of National Company Law Tribunal (NCLT) which mandated the impleadment of the U.....

Tags : National Company Law Appellate Tribunal, Ministry of Corporate Affairs, Party to IBC Matters



ITAT, Delhi: Income Tax Penalty Cannot be Imposed Unless Assessee Obliged In Law(05.04.2022)

Income Tax Appellate Tribunal, Delhi observed that the penalty of income tax under section 271(1)(c) of the Income Tax Act, 1961 cannot be obligatory .....

Tags : Income Tax Appellate Tribunal, Delhi, income tax, section 271(1)(c) of the Income Tax Act, 1961, assessee



ITAT, Delhi Upholds Order Against Gandhi Family on Commercial Immovable Property(06.04.2022)

Income Tax Appellate Tribunal, Delhi has upheld the case against the Gandhi family in relation with commercial immovable properties worth more than Rs.....

Tags : Income Tax Appellate Tribunal, Gandhi family, commercial immovable properties, Rs 800 crore, Young Indian, share capital of Rs 5 lakh, hawala entry, Rs 1 crore



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



SC Seeks Govt Reply on Vacancies in Apex Telecom Tribunal, Extends Chairman’s Tenure(08.04.2020)

Supreme Court has sought the response of Central Government on Centre's apathy in not appointing members and chairperson of the Telecom Disputes Settl.....

Tags : Supreme Court, Vacancies in Telecom Disputes Settlement and Appellate Tribunal



CESTAT, Bangalore: Gold was Freely Importable by Normal Importer Prior to DGFT Notification(07.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore, has ruled that gold was freely importable by the normal importer prior to the .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Gold, DGFT Notification



ITAT: Consideration For Accessing Database Cannot Be Treated As 'Royalty'(08.03.2022)

Delhi Bench of Income Tax Appellate Tribunal (ITAT) has observed that the consideration for accessing Database cannot be treated as 'Royalty' under In.....

Tags : Income Tax Appellate Tribunal, Double Taxation Avoidance Agreement, India-US



CESTAT, Ahmedabad: Service Tax Not Applicable on Take-Away Food(09.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has ruled that service tax is not payable on packed food sold as take away and .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Take-Away Food



NCLAT, New Delhi Dismisses NOIDA Appeal Against Order Directing Participation in CIRP Process(09.03.2022)

National Company Law Appellate Tribunal, New Delhi has dismissed the Appeal preferred by New Okhla Industrial Development Authority (NOIDA) against th.....

Tags : National Company Law Appellate Tribunal, Participation in CIRP Process



ITAT, Bangalore: Flight Testing Services Cannot be Taxed as Fees for Technical Services(16.03.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that flight testing services provided to Hindustan Aeronautics Limited cannot be taxed as fees for .....

Tags : Income Tax Appellate Tribunal, Flight Testing Services



CESTAT, Ahmedabad: Extended Period of Limitation Not Invoked When No Suppression(16.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has ruled that the extended period of limitation was not invoked as there was n.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation



CESTAT: No Service Tax on Activity of Installing and Maintaining Fixed Facility for Supplying Oxygen(17.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata has ruled that service tax is not applicable on the activity of installing and ma.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Installing and Maintaining Fixed Facility for Supplying Oxygen



CESTAT: No Service Tax on Activity of Installing and Maintaining Fixed Facility for Supplying Oxygen(17.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata has ruled that service tax is not applicable on the activity of installing and ma.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Installing and Maintaining Fixed Facility for Supplying Oxygen



ITAT, Delhi: Belated Payment of Employees Contribution to Provident Fund and Insurance Scheme(17.03.2022)

Income Tax Appellate Tribunal, Delhi has ruled that belated payment of employees' contribution to the Provident Fund and State Insurance Scheme cannot.....

Tags : Income Tax Appellate Tribunal, Belated Payment of Employees Contribution



CESTAT, Delhi: Extended Period of Limitation Cannot be Invoked by Excise Department(21.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Delhi has held that the extended period of limitation cannot be invoked by the excise depa.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation



Mumbai ITAT Rules, Property Co-Ownership doesn’t Mean Joint I-T Liability(16.08.2016)

Mumbai Income-Tax Appellate Tribunal (ITAT) has ruled that if a spouse has not invested in a property and is merely a co-holder, then on sale of such .....

Tags : Mumbai Income-Tax Appellate Tribunal, Joint I-T Liability



NCLAT Directs NBCC to Implement Resolution Plan Pending Appeal in Jaypee Infratech Matter(27.04.2020)

National Company Law Appellate Tribunal has declined to stay the implementation of the modified resolution plan and directed NBCC Limited to acquire t.....

Tags : National Company Law Appellate Tribunal, Jaypee Infratech



ITAT, Mumbai: Reassessment Proceeding Cannot be Held Time Barred When Amendment Increases Limitation(25.02.2022)

Income Tax Appellate Tribunal, Mumbai has held that reassessment proceeding cannot be held time barred when an amendment increasing limitation of time.....

Tags : Income Tax Appellate Tribunal, Reassessment Proceeding



ITAT, Mumbai: Invalid Re-Assessment By AO Cannot Be Subject Matter of Revision(28.02.2022)

Income Tax Appellate Tribunal, Mumbai has held that when an assessment framed by the Assessing Officer is invalid in law, the said invalid order canno.....

Tags : Income Tax Appellate Tribunal, Subject Matter of Revision



CESTAT, Kolkata: DRI Officials Have No Power Under Customs Act in Absence of CG Notification(02.03.2022)

Customs, Excise & Service Tax Appellate Tribunal, Kolkata has ruled that show cause notice under the Customs Act, 1962 can be issued only by the offic.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, DRI Officials



NCLAT, Chennai: Suspended Board of Directors Do Not Have Powers to Appoint Resolution Professional(02.03.2022)

National Company Law Appellate Tribunal, Chennai has held that the suspended Board of Directors has no power under the Insolvency and Bankruptcy Code,.....

Tags : National Company Law Appellate Tribunal, Powers to Appoint Resolution Professional



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Depreciation not Allowable On Non-Compete Fee(06.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the depreciation is not allowable on non-compete fee under section 32 of the Income Tax Act, 19.....

Tags : Income Tax Appellate Tribunal, depreciation, non-compete fee, section 32 of the Income Tax Act, 1961



ITAT, Mumbai: Provisions of Black Money Act Cannot be Invoked for Minor Breach of Law(06.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has observed that the provisions of the Black Money (Undisclosed Foreign Income and Assets) and Impositio.....

Tags : Income Tax Appellate Tribunal, Black Money Act



CESTAT, Bangalore Quashes Demand of Service Tax for Promotion of IPL Team(06.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Bangalore has held that the promotional activities by Anil Kumblein, former Indian skipper to carr.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, promotional activities, Anil Kumblein, advertising, Business Auxilliary Services, no service tax



ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961



NCLAT: No Bar in Pendency of Execution Proceedings u/s 9 IBC(07.04.2022)

National Company Law Appellate Tribunal has observed that the pendency of an execution petition does not bar the operational creditor from filing a pe.....

Tags : National Company Law Appellate Tribunal, execution petition, Section 9 of the Insolvency and Bankruptcy Code, 2016



CESTAT, Ahmedabad: No Service Tax Payable on Job of Manufacturing Plastic Jars, Containers(03.01.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that no service tax is payable on the job of manufacturing Plastic Jar.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Job of Manufacturing Plastic Jars, Containers



NCLAT: Stage for Considering Default in Order at Time When Matter Taken Up u/s 100 IBC(07.01.2022)

National Company Law Appellate Tribunal has held that when an application is filed under Section 95 of the Insolvency and Bankruptcy Code, 2016, the A.....

Tags : National Company Law Appellate Tribunal, Stage for Considering Default in Order



ITAT, Delhi: Petty Expenses Cannot be Disallowed on Ad-Hoc Basis in Corporate Entity(12.01.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the petty expenses relating to telephone expenses, advertisement expenses cannot be disallow.....

Tags : Income Tax Appellate Tribunal, Petty Expenses



ITAT, Delhi: AO Cannot Undertake Fishing or Roving Inquiry Under Guise of Re-Assessment(12.01.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Assessing Officer under guise of power to re-open Assessment cannot undertake a fishing .....

Tags : Income Tax Appellate Tribunal, Fishing or Roving Inquiry



NCLAT Refuses to Grant Interim Relief to Amazon Against CCI Order Suspending Deal(14.01.2022)

National Company Law Appellate Tribunal has refused to grant interim relief to Amazon against its plea challenging the order of the Competition Commis.....

Tags : National Company Law Appellate Tribunal, Amazon



NCLAT: Successful Bidder Cannot be Permitted to Wriggle Out of Bid Claiming Conditional Offer(17.01.2022)

National Company Law Appellate Tribunal has held that a Successful Bidder cannot wriggle out of the contractual obligations and withdraw the bid after.....

Tags : National Company Law Appellate Tribunal, Successful Bidder



TDSAT Rejects TRAI Plea to Change Airtel, VIL Interim Order(05.08.2020)

Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has rejected the plea of Telecom Regulator of India to change its interim order to note that .....

Tags : Telecom Disputes Settlement and Appellate Tribunal, Telecom Regulatory Authority of India



ITAT, Bangalore: Irrecoverable Advances for Land for Real Estate Development Business Allowable(02.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the advances agreed for purchase of land in the normal course of business of carrying on real .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Real estate development



ITAT, Bangalore: Non-Appearance of Assessee During Hearing Can’t be Reason to Recall Tribunal Order(02.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the Tribunal cannot recall an order by invoking Rule 25 of the Appellate Tribunal Rules, 1963 .....

Tags : Income Tax Appellate Tribunal, Rule 25, Appellate Tribunal Rules, 1963, assessee



ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....

Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration



ITAT, Bangalore: Wife Eligible for Capital Gain release if Money Given for Acquisition of Property(03.05.2022)

Income Tax Appellate Tribunal, Bangalore has held that the wife is eligible for capital gain exemption regarding the money given for the acquisition o.....

Tags : Income Tax Appellate Tribunal, reimbursement, capital gain, acquisition



ITAT, Ahmedabad: CIT(A) Shall Condone Delay and Dispose Appeal on Merits(03.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the Commissioner (Appeals) shall condone the delay and dispose the appeal on merits if the ass.....

Tags : Income Tax Appellate Tribunal, malafide manner, assessee



CESTAT, Ahmedabad: Input Tax Can’t be Denied Because Invoice Bears Handwritten Serial Number(30.03.2020)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that the input tax credit cannot be denied merely on the ground that t.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Handwritten Serial Number



ITAT, Delhi: Indian Youth Centre Trust Eligible for Income Tax Benefits(15.12.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Indian Youth Centre Trust is eligible for income tax benefits under section 11 of the In.....

Tags : Income Tax Appellate Tribunal, Indian Youth Centre Trust



ITAT, Amritsar: Assessee to Claim Deduction of Employees Share of ESI and PF(24.12.2021)

Income Tax Appellate Tribunal (ITAT), Amritsar has held that the assessee to claim deduction of employee’s share of Employees’ State Insurance and Pro.....

Tags : Income Tax Appellate Tribunal, Deduction of Employees Share of ESI and PF



ITAT, Bangalore: Omission to Serve Notice u/s 143(2) of Income Tax Act is Not a Curable Defect(21.12.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore, while deleting an assessment order held that the omission to serve a notice under section 143(2) of t.....

Tags : Income Tax Appellate Tribunal, Omission to Serve Notice



HP HC Directs State to Constitute State Transport Appellate Tribunal Within a Month(23.12.2021)

Himachal Pradesh High Court has directed the State Government to constitute an independent State Transport Appellate Tribunal within a month as per Se.....

Tags : Himachal Pradesh High Court, State Transport Appellate Tribunal



TDSAT Stays TRAI Order on Allowing Subscribers to Port Out of Network from Service Provider(28.12.2021)

Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has stayed the Telecom Regulatory Authority of India’s (TRAI) orders which allowed subscrib.....

Tags : Telecom Disputes Settlement and Appellate Tribunal, Allowing Subscribers to Port Out of Network



CESTAT, Ahmedabad: No Demand Sustainable on Shortage and Statements of Persons(14.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that no demand is sustainable simply on shortage and statements of persons,.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cross-examined, no demand



CESTAT, Ahmedabad: No Demand Sustainable on Shortage and Statements of Persons(14.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that no demand is sustainable simply on shortage and statements of persons,.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cross-examined, no demand



CESTAT, Chennai: No Prohibition on Selling of Goods by Importer to Another(15.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Chennai bench has held that there is no prohibition on the selling of goods by the importer to anoth.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Selling of Goods by Importer to Another



ITAT, Mumbai: Assessing Officer Cannot Make Addition on Basis of Suo-Moto Disclosure of Assessee(15.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the Assessing Officer cannot make any addition to assessee's income on the basis of the suo-moto .....

Tags : Income Tax Appellate Tribunal, Addition on Basis of Suo-Moto Disclosure



Allahabad HC: Compliance of Pre-Deposit Mandatory Under RERA Act Before Entertainment(18.04.2022)

Allahabad High Court has ruled that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act,.....

Tags : Allahabad High Court, Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal



NCLAT, Delhi: Quantum of Debt Not to be Decided At Stage of Admission of S. 7 IBC Application(18.04.2022)

National Company Law Appellate Tribunal, Delhi has observed that the quantum of debt is not to be considered at the stage of admission of a petition u.....

Tags : National Company Law Appellate Tribunal, Section 7 of the Insolvency and Bankruptcy Code, 2016, admission



ITAT, Mumbai: Remuneration Paid to Partner Out of Profit Cannot be Treated as Salary(25.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the remuneration paid to Partner out of the share of profit cannot be treated as salary to .....

Tags : Income Tax Appellate Tribunal, Remuneration



NCLAT, Delhi: Fresh Resolution Plan Cannot be Considered by Committee of Creditors(25.04.2022)

National Company Law Appellate Tribunal (NCLAT), Delhi has held that a fresh resolution plan cannot be considered by a Committee of Creditors (COC) on.....

Tags : National Company Law Appellate Tribunal, Fresh Resolution Plan



NCLAT, Delhi: Amount Given as Share Application Money is Not Covered Under Financial Debt(25.04.2022)

National Company Law Appellate Tribunal (NCLAT) , Delhi has held that money given as Share Application Money cannot be treated as a financial debt in .....

Tags : National Company Law Appellate Tribunal, Share Application Money



CESTAT, Hyderabad: Exported Goods Cannot Be Confiscated Under Section 113 of Customs Act(26.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has ruled that Section 113 of the Customs Act, 1962 only provides for confiscation of go.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Section 113 of the Customs Act, 1962, confiscation of goods



CESTAT, Delhi: Service Tax Can’t be Levied for Total Receipt Under Threshold Limit of 10 Lakh(26.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Delhi has observed that service tax can’t be levied for total receipt falling below the threshold li.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, service tax, threshold limit



CESTAT, New Delhi: No Exemption of Central Excise Duty for Module Mounting Structures(26.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has observed that no immunity of central excise duty for module mounting structures used i.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, central excise duty, module mounting structures



ITAT, Bangalore: Unascertained Business Loss Cannot be Allowed as Deduction(09.03.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that unless the recovery of embezzled amount in the course of business was impossible, it could not.....

Tags : Income Tax Appellate Tribunal, Unascertained Business Loss



ITAT, Delhi: Non Production of Persons Despite Summons Leads to Inference of Routing Own Money(09.03.2022)

Income Tax Appellate Tribunal, Delhi has ruled that an Assessing Officer has the power to verify transactions beyond the paperwork submitted by the As.....

Tags : Income Tax Appellate Tribunal, Non Production of Persons



ITAT: Unascertained Liability Cannot be Allowed as Embezzlement Losses in Computing Business Income(10.03.2022)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the embezzlement loss stated by the assessee is not ascertained liability and hence cann.....

Tags : Income Tax Appellate Tribunal, Embezzlement Losses, Business Income



ITAT, Chennai: Capital Gains to be Computed as per Share of Parties in Residential Property(10.03.2022)

Income Tax Appellate Tribunal, Chennai has held that capital gains under the Income Tax Act, 1961 is to be computed according to the respective share .....

Tags : Income Tax Appellate Tribunal, Capital Gains



CESTAT, Chennai: Input Service No Longer Includes Services for Personal Use or for Employee(11.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has ruled that the definition of input service as it stood prior to April 1, 2011.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Input Service



CESTAT, Mumbai: Reliance Industries Entitled to Avail CENVAT Credit for Employees Opting for VSS(13.05.2022)

Customs Excise and Service Tax Appellate Tribunal, Mumbai has observed that Reliance Industries is entitled to avail CENVAT credit on the service tax .....

Tags : Customs Excise and Service Tax Appellate Tribunal, CENVAT credit, service tax, Voluntary Separation Scheme



NCLAT, Delhi: Arrears of Salary Accumulated for More Than Three Years Are Not Eligible for CIRP(13.05.2022)

National Company Law Appellate Tribunal, New Delhi has ruled that arrears of salary due beyond a period of three years would be barred by limitation f.....

Tags : National Company Law Appellate Tribunal, three years, Corporate Insolvency Resolution Process, limitation



ITAT: Income Tax Penalty U/S 271E Cannot be Levied In Absence of Regular Assessment(13.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the income tax penalty under Section 271E of the Income Tax Act, 1961 cannot be levied in the .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Section 271E, assessee



ITAT: Non-Cooperation With Dept Cannot be Sole Ground for Addition U/S 69A(13.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that mere non-cooperation with the department cannot be the sole ground to make an addition under S.....

Tags : Income Tax Appellate Tribunal, Section 69A, Income Tax Act, 1961



Orissa HC: Commission Paid To Persons Who Are Not Beneficial to Business of Assessee is Taxable(16.05.2022)

Orissa High Court while dismissing a challenge against an order of the Income Tax Appellate Tribunal which disallowed commission expenses as claimed b.....

Tags : Orissa High Court, Income Tax Appellate Tribunal



CESTAT: Refund Can’t be Treated as Time Barred as Claim Made Before Wrong Forum(16.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Chennai has ruled that the claim of refund made before a wrong forum cannot be rejected by treatin.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Chennai, section 11B, Central Excise Act, 1944, wrong forum



NCLAT Delhi: Resolution Professional Cannot Decide Eligibility Under Section 29A IBC(07.04.2022)

National Company Law Appellate Tribunal has observed that the Resolution Professional is not required to take a decision in regard to the ineligibili.....

Tags : National Company Law Appellate Tribunal, Resolution Professional, Section 29A of the Insolvency & Bankruptcy Code, 2016, Resolution Applicant



ITAT, Delhi: No Liability to Deduct TDS on Payments Made by Lenskart to Facebook Ireland(07.04.2022)

Income Tax Appellate Tribunal, Delhi has upheld the order passed by Commissioner of Income Tax (Appeals) by deleting additions of over Rs. 67 Lakhs ma.....

Tags : Income Tax Appellate Tribunal, Sixty Seven Lakhs, Lenskart's, Tax Deducted at Source, Facebook, Ireland



ITAT, New Delhi: Interest on Enhanced Compensation Does Not Come u/s 56 IT Act(08.04.2022)

Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other s.....

Tags : Income Tax Appellate Tribunal, received interest, enhanced compensation, Tax Deduction at Source, section 194A of the income tax act, 1961



CESTAT, Bangalore: Consignment Note Sufficient to Prove Transportation for CHA(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore has observed that a consignment note is enough to prove transportation for cust.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, consignment note, customs house agent



CESTAT, Delhi: No Service Tax on Toll Collection on Behalf of NHAI(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, independent contractor, National Highways Authority of India, toll collection



CESTAT, Delhi: No Malafide Intention on Claiming Cenvat Credit on Rent a Cab Service(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has confirmed a demand in relation to availment of cenvat credit of service tax paid on rent.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit, service tax, rent-a-cab service, malafide intention



CESTAT, Delhi: Delay in Filing Appeal Due to Drafting and Calculation Error can be Condoned(29.03.2022)

Customs, Excise, and Service Tax Appellate Tribunal, Delhi, has stated that the delay of two days in filing due to delay in drafting the appeal and ca.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Delay, Condoned, Calculation Error



ITAT, Delhi: Performance Guarantee Commission is Not Business Income Under DTAA(29.03.2022)

Income Tax Appellate Tribunal, Delhi has observed that performance guarantee commission by an assessee from its foreign Associated Enterprise is not i.....

Tags : Income Tax Appellate Tribunal, Double Taxation Avoidance Agreement, Assessee, Income Tax



CESTAT, Chennai: Employer Ineligible for Cenvat Credit on Canteen Services(30.03.2022)

Customs Excise and Service Tax Appellate Tribunal, Chennai has observed that the employer is not eligible for the cenvat credit on the canteen service.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cenvat Credit, Input Service Credit



ITAT, Delhi: Penalty Notice Issued Without Applying Mind in Stereotyped manner is Not Valid(30.03.2022)

Income Tax Appellate Tribunal, Delhi has observed that a penalty notice issued in a stereotyped manner under section 271(1)(c) of the Income Tax Act, .....

Tags : Delhi Income Tax Appellate Tribunal, stereotyped, Section 271(1)(c) of the Income Tax Act, 1961



ITAT, Delhi: Registration of Trust is Deemed in Absence of Refusal of Registration(31.03.2022)

Income Tax Appellate Tribunal, Delhi has held that trust is deemed to be registered under section 12AA of the Income Tax Act, 1961 in the absence of r.....

Tags : Income Tax Appellate Tribunal, section 12AA, 6 months



ITAT, Bangalore: Delay in Filing Form 67 Cannot be Reason to Deny Foreign Tax Credit(31.03.2022)

Income Tax Appellate Tribunal, Bangalore has observed that Rule 128 of the Income Tax Rules which requires the assessee to submit Form 67 before filin.....

Tags : Income Tax Appellate Tribunal, Rule 128 of the Income Tax Rules, filing Form 67, Form 67, Foreign Tax Credit



ITAT, Ahmedabad: Additions Cannot be Made to Assessee's Income on Basis of Document(03.05.2022)

Income Tax Appellate Tribunal , Ahmedabad has held that additions cannot be made to assessee's taxable income on the basis of documents that are decla.....

Tags : Income Tax Appellate Tribunal , Customs Excise and Service Tax Appellate Tribunal, service tax



CESTAT, Mumbai: Confiscation Order Can’t be Invoked Without Corroborating Evidence(03.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has ruled that an order of confiscation under section 111(m) of customs Act 1962, along with .....

Tags : Customs, Excise & Service Tax Appellate Tribunal, section 112, Customs Act, 1962



ITAT, Ahmedabad: Deemed Rent Inapplicable to Property That is Stock-in-Trade(03.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the concept of deemed rent can’t be applicable to the properties which are treated as stock-in.....

Tags : Income Tax Appellate Tribunal, stock-in-trade, deemed rent



Delhi HC: ITAT Final Arbiter of Facts, Its Order Can be Interfered Only if There is Question of Law(03.05.2022)

Delhi High Court has observed that the High Court can interfere with its order only if there is substantial question of law or there is manifest illeg.....

Tags : Delhi High Court, Income Tax Appellate Tribunal



ITAT, Delhi: Assessing Officer Cannot Apply Wrong Method in Lack of Audited Financials of AE(04.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....

Tags : Income Tax Appellate Tribunal, associated enterprises, Assessing Officer



ITAT, Bangalore: TDS Not Applicable to Commission for Professional Service by Non Resident(04.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to commission for professional service by Nonresiden.....

Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, professional service



CESTAT, Delhi: No Central Excise Duty on Manufacture of CO2 Gas During Manufacture of Beer(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that central excise duty cannot be levied during the manufacture of beer on the.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, central excise duty, manufacture of beer, carbon dioxide gas, alcoholic liquors, consumption, State subject



CESTAT, Mumbai: Lehman Brothers Securities Eligible for Service Tax Refund Claim(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that Lehman Brothers Securities Pvt Ltd, is entitled for the refund claim of Serv.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy services, Reverse Charge Mechanism, winding up



ITAT, Mumbai: Non-Disclosure of Foreign Asset in ITR Not Valid Reason for Imposition of Penalty(08.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has observed that non disclosing of a foreign asset in the income tax return, by itself, is not a valid r.....

Tags : Income Tax Appellate Tribunal, foreign asset, income tax return, Black Money Act, assessee



ITAT, Mumbai: Payment for Transponder Services Not Amount to Royalty(08.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the payment for transponder services would not amount to royalty under the provisions of Incom.....

Tags : Income Tax Appellate Tribunal, transponder services, royalty, Income Tax, Double Taxation Avoidance Agreements



ITAT, Pune: Capital Gain Exemption u/s 54F for Purchase of Office Premises not available(08.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the capital gain exemption under section 54F of the Income Tax Act, 1961 is not available in the.....

Tags : Income Tax Appellate Tribunal, capital gain exemption, Income Tax Act, 1961, office premises



ITAT, Mumbai: Claim Of Deduction to be Reckoned From Date of Possession of New Property(11.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that an assessee's claim of deduction under Section 54 of the Income Tax Act, 1961 was to be reckoned .....

Tags : Income Tax Appellate Tribunal, Possession of New Property



ITAT, Mumbai: Payment to Foreign Company for Utilisation of Transponder of Satellite Not Royalty(11.03.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai ruled that the payment made to a foreign company for the utilisation of a transponder centred on a satell.....

Tags : Income Tax Appellate Tribunal, Utilisation of Transponder of Satellite



ITAT, Delhi: Accessing Premises for Technical Assistance Can't Be Treated as Permanent Establishment(11.03.2022)

Income Tax Appellate Tribunal, Delhi has held that access to a foreign enterprise for providing technical assistance to its Joint Venture Company in i.....

Tags : Income Tax Appellate Tribunal, Accessing Premises for Technical Assistance



CESTAT, Delhi Directs to Refund Service Tax Collected from Customers for Advertisement Services(14.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Delhi has directed Prasar Bharati to refund the Service Tax collected from customers for a.....

Tags : Customs, Excise and Service Tax Appellate Tribunal , Advertisement Services



CESTAT Directs Central Excise Dept. to Reconsider Refund of Cenvat Credit to Tata Consumer Products(14.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore has directed the Central Excise Department to reconsider the refund of cenvat c.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Refund of Cenvat Credit , Tata Consumer Products



ITAT, Dehradun: Interest on Income Tax Refund Not on Permanent Establishment Not Business Income(14.03.2022)

Income Tax Appellate Tribunal, Dehradun has ruled that interest on income tax refund received by a foreign enterprise is not effectively connected to .....

Tags : Income Tax Appellate Tribunal, Interest on Income Tax Refund



CESTAT, New Delhi Sets Aside Order Denying Cenvat Credit to Buyer(26.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has observed that the allegation against supplier was proved not true and set aside the or.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, cenvat credit



ITAT, Mumbai: Deemed Dividend Would Not Attract Loans and Advances Out of Commercial Consideration(26.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the provisions of deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961 would be .....

Tags : Income Tax Appellate Tribunal, Deemed Dividend, Section 2(22)(e), Income Tax Act, 1961



CESTAT, Delhi: Service Tax Not Payable on Liquidated Damages(26.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that service tax is not to be paid on liquidated damages recovered on the failu.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, contract



NCLAT, Delhi: Time Period Under Regulation 35A is Directory, Not Mandatory(27.04.2022)

National Company Law Appellate Tribunal, has observed that period of time prescribed under Regulation 35A of the IBBI (Insolvency Resolution Process f.....

Tags : National Company Law Appellate Tribunal, Regulation 35A, IBBI (Insolvency Resolution Process for Corporate Persons) (CIRP) Regulations, 2016



NCLAT, Delhi: Time Period Under Regulation 35A is Directory, Not Mandatory(27.04.2022)

National Company Law Appellate Tribunal, has observed that period of time prescribed under Regulation 35A of the IBBI (Insolvency Resolution Process f.....

Tags : National Company Law Appellate Tribunal, Regulation 35A, IBBI (Insolvency Resolution Process for Corporate Persons) (CIRP) Regulations, 2016



ITAT, Bangalore: Digital Data Recovered During Search has Evidentiary Value(27.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the digital data recovered by the income tax department has evidentiary value during the se.....

Tags : Income Tax Appellate Tribunal, digital data, income tax department, Income Tax Act, 1961



ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....

Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt



ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....

Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt



ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....

Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period



ITAT, Delhi: No Penalty on Receiving Cash Loan from Family Members to Meet Business Exigency(18.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the penalty under sections 271D and 271E of the Income Tax Act, 1961 cannot be leviable on rece.....

Tags : Income Tax Appellate Tribunal, Cash loan, Business Exigency



ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.

Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges



ITAT, Chennai: Mere Mistake in Filing of Income Tax Return Not Effect in Enhancement of Income(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that a mere mistake in the filing of return of income would not result into income enhancement of .....

Tags : Income Tax Appellate Tribunal, assessee, filing of return



ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961



CESTAT, Delhi: Place of Removal is Premises of Buyer to Avail Cenvat Credit on Outward Transport(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Delhi has observed that the place of removal for availing cenvat credit on outward transport is the.....

Tags : Customs Excise and Service Tax Appellate Tribunal, cenvat credit, Rule 2(l) of the Cenvat Rules, 2004



CESTAT, Mumbai: Lehman Brothers Securities Eligible for Refund of Service Tax(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Mumbai has observed that Lehman Brothers Securities Pvt Ltd is entitled for the refund claim of Ser.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy, Reverse Charge Mechanism



ITAT, Mumbai: Payment for Transponder Services Does Not Amount to Royalty(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the payment for transponder services would not amount to royalty under the provisions of Incom.....

Tags : Income Tax Appellate Tribunal, transponder services, royalty, Income Tax Law, Double Taxation, Avoidance Agreements



ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....

Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration



ITAT, Mumbai: Revisional Jurisdiction Can be Invoked for Lack of Inquiry, Not for Inadequate Inquiry(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked only .....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263 of the Income Tax Act, 1961, lack of inquiry, inadequate inquiry



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



NCLAT: Salary Incrementation is Valid by Employment Agreement or Board Resolution(16.05.2022)

National Company Law Appellate Tribunal, (NCLAT) has observed that salary incrementation is valid only by an employment agreement or board resolution .....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, Section 9



NCLAT: Insolvency Cannot be Initiated on Basis of Unpaid LTC And Leave Encashment Dues(16.05.2022)

National Company Law Appellate Tribunal, has ruled that the welfare claims such as Leave Encashment, superannuation dues are not operational debt for .....

Tags : National Company Law Appellate Tribunal, Leave Encashment, Corporate Debtor, Section 9, Insolvency & Bankruptcy Code, 2016, superannuation dues



NCLAT: Salary Incrementation is Valid by Employment Agreement or Board Resolution(16.05.2022)

National Company Law Appellate Tribunal, (NCLAT) has observed that salary incrementation is valid only by an employment agreement or board resolution .....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, Section 9



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



ITAT: Re-Assessment on Wrong Assumption And Information From Another Assessing Officer Invalid(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that the reopening of assessment based on wrong assumption and information received from anothe.....

Tags : Income Tax Appellate Tribunal, assessing officer



NCLAT Sets Aside NCLT's Order for Acquisition of RICOH by Dharamshi- Jhunjhunwala Consortium(13.08.2020)

National Company Law Appellate Tribunal (NCLAT) has allowed the appeal challenging an order passed by National Company Law Tribunal (NCLT), Mumbai whi.....

Tags : National Company Law Appellate Tribunal, Acquisition of RICOH by Dharamshi- Jhunjhunwala Consortium



NCLAT Upholds NCLT's Order of No Insolvency Proceedings Against Tata Chemicals(20.08.2020)

National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal filed by Allied Silica Limited challenging the National Company Law Tribunal, .....

Tags : National Company Law Appellate Tribunal, Tata Chemicals



Gujarat HC Urges State to Make Appointments to RERA Appellate Tribunal(21.08.2020)

Gujarat High Court has urged the State Government to expedite the process of appointing members as well as the Chairperson to the Gujarat Real Estate .....

Tags : Gujarat High Court, Appointments to RERA Appellate Tribunal



NCLAT Upholds Dismissal of Petition Filed During Prohibited Period(24.05.2022)

National Company Law Appellate Tribunal while adjudicating an appeal has upheld that Corporate Insolvency Resolution Process cannot be initiated over .....

Tags : National Company Law Appellate Tribunal, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy



NCLAT: Article 1 of Limitation Act,1963 not Apply to Proceedings Under IB Code, 2016(26.05.2022)

National Company Law Appellate Tribunal (NCLAT) Principal Bench has held that the Article 1 of Limitation Act, 1963 is not applicable to the Petition .....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, Limitation



CESTAT, Ahmedabad: Cenvat Credit Allowable on Courier Services Used for Export of Goods(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that cenvat credit is allowable for courier services on the amount of input .....

Tags : Customs Excise and Service Tax Appellate Tribunal, cenvat credit, input tax, courier services



ITAT, Vishakhapatnam: Use of Agricultural Produce for Feeding Children is Charitable Activity(11.04.2022)

Income Tax Appellate Tribunal, Vishakhapatnam has observed that the activity of agricultural products for feeding children in the orphanage is charita.....

Tags : Income Tax Appellate Tribunal, agricultural products, charitable, orphanage, charitable society



CESTAT, Ahmedabad: Cenvat Credit on Services within Factory Premises allowable(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that cenvat credit in respect of garden maintenance service under the Cenvat.....

Tags : Customs Excise and Service Tax Appellate Tribunal, cenvat credit, Cenvat Credit Rules, garden maintenance



ITAT, Mumbai: Corpus Donations by Un-Registered Trust Considered as Capital Receipt(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that Corpus Donations received by an un-registered trust will be under the purview of Capital Recei.....

Tags : Income Tax Appellate Tribunal, Corpus Donations, Capital Receipt



CESTAT, Ahmedabad: Non-filing of Declaration Can’t be Reason to Refuse Reversal of Credit(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that mere non filing of declaration can’t be a reason to deny the proportion.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cenvat Credit Rules, 2004, Reversal of Credit



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



ITAT, Kolkata: Contributions Made After Statutory Due Date Shall be Allowable as Deduction(22.03.2022)

Income Tax Appellate Tribunal (ITAT), Kolkata has allowed relief to Deloitte Haskins & Sells, holding that the contributions made after the statutory .....

Tags : Income Tax Appellate Tribunal, Contributions Made After Statutory Due Date



ITAT, Kolkata: Commissioner Cannot Point Out Issues Other Than Issue Taken Up by AO(22.03.2022)

Income Tax Appellate Tribunal, Kolkata has held that the Commissioner, while invoking his jurisdiction under section 263 of the Income Tax Act, 1961 c.....

Tags : Income Tax Appellate Tribunal, Commissioner, Issues



ITAT, Delhi Deletes Penalty Since Non-Deduction of Tax was Due to Non-Receipt of Invoices(23.03.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has deleted a penalty order under section 271C of the Income Tax Act, 1961 by holding that the non-deducti.....

Tags : Income Tax Appellate Tribunal, Non-Deduction of Tax



CESTAT: Deposits in Profit and Loss Account is Not Duty Under Excise Act(24.03.2022)

Customs, Excise, and Service Tax Appellate Tribunal ( CESTAT ) has ruled that deposit in Profit & Loss Account is not duty and therefore, provisions o.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Deposits in Profit and Loss Account



ITAT, Agra: No Late Fee for Failure to File TDS/TCS Returns Prior to 1st June(24.03.2022)

Income Tax Appellate Tribunal, Agra has held that the late fee shall not apply under section 234E of the Income Tax Act, 1961 for the failure to file .....

Tags : Income Tax Appellate Tribunal, Failure to File TDS/TCS Returns



ITAT: Customs House Agent Bound to Pay TDS on Payment to CFS Agents(25.03.2022)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the Customs House Agent bound to pay TDS under section 194C of the Income Tax Act, 1961 on.....

Tags : Income Tax Appellate Tribunal, TDS on Payment to CFS Agents



ITAT, Chennai: Penalty Can’t be Levied Based on Estimate Addition(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that the order of penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied mer.....

Tags : Income Tax Appellate Tribunal, section 271(1)(c) of the Income Tax Act, 1961



ITAT, Delhi: TDS u/s 194D Inapplicable to Reinsurance Commission(18.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the provisions of Tax Deducted at Source under section 194D of the Income Tax Act, 1961 is not.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, section 194D of the Income Tax Act, 1961



ITAT, Delhi: Framing of Reassessment u/s 147 of IT Act against Non-Existing Entity Void Ab-initio(18.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the re-assessment under section 147 and section 143(3) of the Income Tax Act, 1961 is not sustaina.....

Tags : Income Tax Appellate Tribunal, section 147, section 143(3) of the Income Tax Act, 1961



ITAT, Bangalore: Service Tax Collected But Not Remitted Can be Disallowed u/s 43B of Income Tax Act(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the amount of service tax collected under section 43B of the Income Tax Act, 1961 but not remi.....

Tags : Income Tax Appellate Tribunal, service tax, section 43B of the Income Tax Act, 1961



ITAT, Chennai: Provisions of Sec 44AD Not Applicable to Commission Agents(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that the provisions of Section 44AD of the Income Tax Act, 1961 cannot be applied to commission ag.....

Tags : Income Tax Appellate Tribunal, Section 44AD of the Income Tax Act, 1961, commission agents



ITAT, Delhi: No TDS Required to be Deducted on Enhanced Compensation Under Land Acquisition Act(19.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the interest on enhanced compensation awarded to land owners by the Court under Section 28 of the L.....

Tags : Income Tax Appellate Tribunal, enhanced compensation, Section 28 of the Land Acquisition Act, 1894, Tax Deducted at Source



CESTAT, Delhi: Anti-Dumping Duty Paid After Validity of Notification is Refundable(05.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that the Anti-dumping duty paid after the expiry of the period mentioned in the co.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, notification, importer, anti-dumping duty



ITAT: Outstanding Balances cannot be treated as ‘Bogus’ when Payment made through Banking Channels(05.05.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has observed that the outstanding balances cannot be suspected as bogus when the payments to par.....

Tags : Income Tax Appellate Tribunal , Bogus Payments



CESTAT, Mumbai: Voluntarily Acceptance of Higher Value Exempts Importer From Confiscation Liability(05.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has reiterated that voluntarily acceptance of a higher value and willing to pay the customs d.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, customs duty, Customs Act, 1962, enhanced rate, redemption fine



CESTAT: Cenvat Credit in Outward Transportation for Services From Place of Removal to Customers Place(05.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that cenvat credit is available in case of outward transportation for the s.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit, outward transportation



CESTAT: Cenvat Credit Available in Outward Transportation From Place of Removal to Customers Place(05.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that cenvat credit is available in case of outward transportation for the s.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit, outward transportation



ITAT, Mumbai Deletes Transfer Pricing Adjustment on International Transaction(06.05.2022)

Income Tax Appellate Tribunal, Mumbai while ruling that Transfer Pricing Officer (TPO) has adopted the wrong Gross Profit Margin of the comparable com.....

Tags : Income Tax Appellate Tribunal, Transfer Pricing Officer, Gross Profit Margin, Transfer pricing



CESTAT, Ahmedabad: Cenvat Credit Allowable on Furniture Used in Guesthouse(16.05.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has observed that cenvat credit can be allowed on the furnitures used in guest .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit



CESTAT, Kolkata: Compensation Received For Coal Blocks Cancellation, Not Liable to Pay Service Tax(16.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Kolkata has held that compensation received under a statute for cancellation of coal blocks/mines .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Supreme Court, Service Tax, coal blocks



ITAT, Kolkata: Disallowance U/S 14A Not to be Considered While Computing Book Profit(16.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the disallowance under Section 14A of the Income Tax Act, 1961 cannot be considered while comput.....

Tags : Income Tax Appellate Tribunal, Section 14A, Income Tax Act, 1961, book profit



CESTAT, Kolkata: Service Tax Not Exigible on Compensation Received for Cancellation of Coal Blocks(17.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Kolkata has ruled that the compensation received under a statute for cancellation of coal blocks/m.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Supreme Court, coal blocks, Service Tax



ITAT, Kolkata: No Revision U/S 263 IT Act When AO Has Made Sufficient Enquiry(17.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that no revision under Section 263 of the Income Tax Act, 1961 when Assessing Officer has made suffic.....

Tags : Income Tax Appellate Tribunal, Section 263, Assessing Officer



CESTAT: Stability Studies, Technical Testing & Analysis of New Drugs Not Subject to Service Tax(17.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Bangalore has ruled that the stability studies, technical testing and analysis of new drugs are no.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, stability studies, technical testing, Scientific and Technical Consultant Service, Technical Testing and Analysis Service, service tax



ITAT, Kolkata: Adjudicating Authorities Cannot Grant Approval U/S 10(23C) With Retrospective Effect(27.04.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the adjudicating authorities under the Income Tax Act, 1961 cannot grant approval under section .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 10(23C), retrospective



CESTAT, New Delhi: Dispute Relating to Rebate Amount Subjudice Before Appellate Forum(27.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has observed that dispute relating to amount of rebate subjudice before the appellate foru.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, subjudice, rebate amount



ITAT, Delhi: Fee for Cloud Services Not Royalty(27.04.2022)

Income Tax Appellate Tribunal, Delhi while granting relief to a subsidiary company of Information Technology giant Microsoft Corporation, Ministry of .....

Tags : Income Tax Appellate Tribunal, Information Technology, Microsoft Corporation, Ministry of Law Corporation, subscription fee, royalty, cloud computing



NCLAT: Interest Free Security Deposit is an Operational Debt(28.04.2022)

National Company Law Appellate Tribunal has observed that an interest free security deposit towards advance license fee will qualifies as an operation.....

Tags : National Company Law Appellate Tribunal, interest free, security deposit, Insolvency & Bankruptcy Code, 2016



NCLAT: Territorial Jurisdiction Cannot be Taken Away by Agreement Between Parties(28.04.2022)

National Company Law Appellate Tribunal has observed that the territorial jurisdiction of NCLT to decide a case under the Insolvency and Bankruptcy Co.....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, territorial jurisdiction



ITAT, Mumbai: IT Law Doesn't Bar Assessing Officer to go Beyond Reasons Where Re-Assessment Initiated(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that there is no bar under the law that the Assessing Officer is entitled to confine assessment on .....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Income Tax Act, 1961, sections 147, sections 148



CESTAT, Ahmadabad: Cenvat Credit Can’t be Denied for Warranty Services Provided Free of Cost(01.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Ahmadabad has reiterated that the cenvat credit can’t be denied on warranty services during the war.....

Tags : Customs Excise and Service Tax Appellate Tribunal, cenvat credit, warranty services



CESTAT, Ahmedabad: Process of Segregation of Waste is Manufacture Activity(01.04.2022)

Customs, Excise and Service Tax Appellate Tribunal Ahmedabad has observed that the process of segregation of waste amounts to manufacturing activity, .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, process of segregation, concessional Notification



ITAT, Delhi: Payment to Microsoft for Software Purchase Does Not Amount to Royalty(04.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the assesee, HP Services (Singapore) cannot be taxed for royalty as per the Indo-Singapore Doub.....

Tags : Income Tax Appellate Tribunal, HP Services, Indo-Singapore, Double Taxation Avoidance Agreement, Microsoft company



ITAT, Delhi: Non-Appearance Before Authorities to Imply Assessee Has Nothing to Rebut(04.04.2022)

Income Tax Appellate Tribunal Delhi has observed that the income tax proceedings are attached with the presumption of truth and the non-appearance bef.....

Tags : Income Tax Appellate Tribunal, income tax proceedings, presumption of truth, rebut



CESTAT, Delhi: No Penalty on Importer on Ground of Error in Bill of Entry(04.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Delhi has ruled that the penalty under the Customs Act, 1962 can’t be imposed on an importer for th.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Error in Bill of Entry



ITAT, Mumbai: Order of Assessment without Reasons, Not Erroneous or Prejudicial to Interest of Revenu(04.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that action of the Assessing Officer to accept the explanation submitted by the Assessee during scr.....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Assessee



ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



CESTAT, Ahmedabad: Non-filing of Declaration Can’t be Reason to Refuse Reversal of Credit(11.04.2022)

Customs Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that mere non filing of declaration can’t be a reason to deny the proportion.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Cenvat Credit Rules, 2004, Reversal of Credit



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain



ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....

Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India



CESTAT: Cenvat Credit Allowable on Steel Items Used in Creation of Sponge Iron Kiln and Power Plant(17.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Kolkata has applied the "user-test" by providing cenvat credit on steel goods used in the construc.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, user-test, cenvat credit, sponge iron kiln, power plant



ITAT, Amritsar: Revisional Order Should be in Detail, Enriched With Facts(17.05.2022)

Income Tax Appellate Tribunal, Amritsar while quashing a revisional order, has observed that the order under Section 263 of the Income Tax Act, 1961 s.....

Tags : Income Tax Appellate Tribunal, Section 263, revisional



ITAT, Ahmedabad: KYC Form is Prima Facie Proof For Address of Account Holder(17.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that Know Your Customer (KYC) Form is prima facie proof for address of account holder and upholds t.....

Tags : Income Tax Appellate Tribunal, Know Your Customer, cash deposits



ITAT, Kolkata: Non-Mentioning of Relevant Limb in Penalty Notice is Not Curable Defect(17.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the failure to mention a crucial limb in the penalty notice is not a curable defect, and the pro.....

Tags : Income Tax Appellate Tribunal, crucial limb, curable defect



CESTAT: Exemption of Excise Duty For Galvanized Solar Structures As Part of Solar Power Generation(17.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has ruled that galvanised solar structure is a part of solar power generation facility and.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, galvanized, solar power, excise



CESTAT: No Excise Duty on Goods Manufactured on Job Work Basis(18.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Ahmedabad has ruled that no excise duty on goods manufactured on job work basis from old and used go.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, excise duty, job work, supplier



CESTAT: Galvanised Solar Structure to Set Up Solar Power Plants Exempted From Excise Duty(18.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that galvanised solar structures manufactured and cleared for the initial setting .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, galvanized, excise duty



ITAT, Bangalore: Transactions Between Trust and Trustee Not Covered U/S 269SS of Income Tax Act(28.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the managing trustee of the society is not covered by the expression any other persons stirrin.....

Tags : Income Tax Appellate Tribunal, section 269SS, 269T of the Income Tax Act, 1961



ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....

Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872



ITAT, Jaipur: FDRs Interest Made for Business Purposes Shall be Treated as Business Income(29.04.2022)

Income Tax Appellate Tribunal, Jaipur has ruled that the interest income received from the Fixed Deposit Receipt made for business purposes and for ge.....

Tags : Income Tax Appellate Tribunal, Fixed Deposit Receipt, Income from Other Sources, Income Tax Act, 1961



ITAT, Bangalore: Assessee Couldn’t Submit Evidence for Payment of Brokerage for Sale of Property(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has permitted 1% of the sale consideration as brokerage for the sale of the property since the assessee could.....

Tags : Income Tax Appellate Tribunal, brokerage, Income Tax Act, 1961, assessee



CESTAT, Chennai : Royalty Need Not be Included in Transaction Value if Not Paid to Foreign Supplier(29.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Chennai has ruled that royalty need not be incorporated in transaction value if not paid to a foreig.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, royalty, foreign supplier



ITAT, Delhi: Suppression in Net Sales as Business Income, Can’t be Treated As Deemed Income(19.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the income surrendered for suppression in the net sales shall be assessable as Income from Busines.....

Tags : Income Tax Appellate Tribunal, Suppression in Net Sales, Business Income



ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....

Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction



ITAT, Bangalore: Corporate Guarantee Falls Within Ambit of International Transaction(19.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that corporate guarantee falls within the extent and ambit of international transaction and Arm’.....

Tags : Income Tax Appellate Tribunal, Arm’s Length Price, international transaction



ITAT, Delhi: Royalty Cannot be Endorsed to Providing Customized Research Advisory Services(19.04.2022)

Income Tax Appellate Tribunal; Delhi has observed that customized research advisory services are not taxable under the head Royalty under the relevant.....

Tags : Income Tax Appellate Tribunal, Royalty, Income Tax Act, 1961, customized research advisory services



ITAT, Delhi Restricts Addition Only on Embedded Portion of Profit(19.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the addition due to mismatch amid the Books of Accounts and Form 26AS can be made only on the e.....

Tags : Income Tax Appellate Tribunal, Books of Accounts, Form 26AS, embedded profit portion



ITAT, Ahmedabad: Assessing Officer Cannot Interfere With Business Decisions of Assessee(20.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that the Assessing Officer cannot interfere with the business decisions of the assessee.

Tags : Income Tax Appellate Tribunal, Assessing Officer, assessee



ITAT, Ahmedabad: TDS on Car Hiring Charges Paid Above Rs. 1.8 Lakhs U/S 194I of Income Tax Act(20.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that charges of car hiring falls under the provision of section 194I of the Income Tax Act, 1961.....

Tags : Income Tax Appellate Tribunal, section 194I of the Income Tax Act, 1961, Rs. 1.8 lakhs, Tax Deducted at Source



CESTAT, New Delhi: No Denial of Cenvat Credit Merely on Procedural Irregularity(29.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, New Delhi has observed that no denial of cenvat credit simply on procedural irregularity.

Tags : Customs, Excise & Service Tax Appellate Tribunal, cenvat credit



ITAT, Mumbai: No TDS on Payments to Foreign Insurers, Rules(29.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that any payment prepared by the assessee company to such foreign insurers would not be chargeable .....

Tags : Income Tax Appellate Tribunal, Section 195(1), Income Tax Act, 1961, foreign insurers



CESTAT, Bangalore: Refund Can’t be Rejected for Non-Submission of Invoices by Original Authority(29.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has ruled that refund can’t be rejected for non-submission of invoices before original aut.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, invoices, refund



Rajasthan HC: Respondents Have Right to Legal Representation Before Regulatory Authority/ Tribunal(29.04.2022)

Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes right o.....

Tags : Rajasthan High Court, Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal, Regulatory Authority, adjudicating officer, ultra vires



ITAT, Delhi: Subscription Fee Towards Cloud Services Not Taxable as Royalty(29.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the subscription fee received towards Cloud Services is not taxable as royalty.

Tags : Income Tax Appellate Tribunal, Cloud Services, subscription fee, royalty



NCLAT: Resolution Professional Can Submit An Additional Report Under Section 99 I&B Code(29.04.2022)

National Company Law Appellate Tribunal has observed that the Resolution Professional can submit an additional report under Section 99 of the Insolven.....

Tags : National Company Law Appellate Tribunal, Section 99, Insolvency & Bankruptcy Code, 2016



NCLAT: If Credit Facility Agreement is Unstamped, Petition U/S Section 7 is Maintainable(29.04.2022)

National Company Law Appellate Tribunal has observed that if a credit facility agreement is unstamped, then petition under Section 7 of the Insolvency.....

Tags : National Company Law Appellate Tribunal, credit facility, Section 7, Insolvency and Bankruptcy Code, 2016



ITAT, Delhi: AO Cannot Apply Wrong Method to Determine Profit in Absence of Audited Financials(06.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....

Tags : Income Tax Appellate Tribunal, Assessing Officer, audited financials



ITAT: Capital Gain Exemption Can't be Denied For Presence of Husband's Name in Purchase Document(06.05.2022)

Income Tax Appellate Tribunal, Bangalore has held that the capital gain exemption cannot be denied to the wife for the mere presence of the husband's .....

Tags : Income Tax Appellate Tribunal, capital gain, purchase document



NCLT: Committee of Creditors Are Competent to Revise Approved Fees of Resolution Professional(09.05.2022)

National Company Law Appellate Tribunal has ruled that the Committee of Creditors is fully competent to revise its earlier approval of the fees of the.....

Tags : National Company Law Appellate Tribunal, Committee of Creditors, Resolution Professional



ITAT: Salary Reimbursement based on Cost to Cost Cannot Attract TDS Liability u/s 195(09.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to reimbursement of salary based on the cost to cost.....

Tags : Income Tax Appellate Tribunal, Section 195, Income Tax Act,1961, Tax Deduction at Source



ITAT, Bangalore: Assessment Cannot be Based on Presumptions U/S Section 153C of IT Act(09.05.2022)

Income Tax Appellate Tribunal, Bangalore while considering the directions from the Karnataka High Court has ruled that the assessment under Section 15.....

Tags : Income Tax Appellate Tribunal, assessment, Section 153C, presumption



ITAT Deletes Addition u/s 68 of IT Act, Says Firm not Taxable for Capital introduced by Partner(09.05.2022)

Income Tax Appellate Tribunal, Chennai has observed that the Firm cannot be made taxable for the capital introduced by the Partner as section 68 of th.....

Tags : Income Tax Appellate Tribunal, section 68, Income Tax Act, 1961



CESTAT, Mumbai Holds 4G Mobile Towers that are Movable in Nature and Eligible for CENVAT Credit(20.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has ruled that the 4G mobile towers are movable in nature and entitled for CENVAT credit.

Tags : Customs, Excise & Service Tax Appellate Tribunal, 4G mobile towers, CENVAT credit



ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement



ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement



ITAT Hyderabad: Ignorance of Law Concerning Compulsory Audit Not Reasonable for Deleting Penalty(21.04.2022)

Income Tax Appellate Tribunal, Hyderabad has held that mere ignorance of law under Section 44AB of the Income Tax Act, 1961 for compulsory audit of ac.....

Tags : Income Tax Appellate Tribunal, ignorance of law, Section 44AB of the Income Tax Act, 1961, Section 273B



CESTAT, Mumbai: Dept Bound to Accept Description of Goods on CA Certificate(21.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that the customs department is bound to accept the description of goods on the ba.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Chartered Accountant, special additional duty, customs department



ITAT, Bangalore: Income Tax Penalty Can’t be Imposed on Expenditure Due to Wrong Professional Advice(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the income tax penalty under section 271(1) of the Income Tax Act, 1961 cannot be imposed for .....

Tags : Income Tax Appellate Tribunal, income tax, section 271(1), Income Tax Act, 1961, Chartered Accountant



ITAT, Bangalore: Subsidy Expenditure Does Not Attract TDS Provision(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that subsidy expenditure not attracts Tax Deducted at Source provision and set asides the order dis.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, Section 40(a)(ia), Income Tax Act, 1961



ITAT, Chennai: Subscription Money received From Customers Shall be Treated as Deferred Income(29.04.2022)

Income Tax Appellate Tribunal, Chennai has ruled that the subscription monies received in advance by the Company shall be treated as deferred income a.....

Tags : Income Tax Appellate Tribunal, subscription monies, deferred income, methodology



ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961



NCLAT Chennai: Corporate IRP Can be Resume on Failure of Settlement Agreement(02.05.2022)

National Company Law Appellate Tribunal, Chennai has observed that Corporate Insolvency Resolution Process can be revive/resume in case of failure of .....

Tags : National Company Law Appellate Tribunal, Corporate Insolvency Resolution Process



CESTAT, Bangalore: Simple Aluminium Plates Classifiable Under 7606 1200 of Chapter Tariff Heading(02.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has ruled that Simple Aluminium Plates are classifiable under 7606 1200 of Chapter Tariff .....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Chapter Tariff Heading, 7606 1200, Simple Aluminium Plates



CESTAT: Central Excise Duty Not Payable on Intermediate Products(19.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Ahmedabad has observed that central Excise Duty is not payable on intermediate products, used captiv.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Central Excise Duty



ITAT: Deduction U/S 80IA IT Act Cannot be Disallowed on Failure of Form No.10CCB Submission(19.05.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the Claim of deduction under Section 80IA of Income Tax Act, 1961 cannot be disallowed only.....

Tags : Income Tax Appellate Tribunal, Section 80IA, From NO.10CCB, due date



ITAT: Income Tax Deduction for CAM Charges Included in Rent(19.05.2022)

Income Tax Appellate Tribunal, Bangalore has observed that Common Area Maintenance (CAM) Charges included in rent were allowable as a deduction.

Tags : Income Tax Appellate Tribunal, Common Area Maintenance, rent



CESTAT: Customer Care Service is Classifiable U/S 65 (11) Finance Act(19.05.2022)

Income Tax Appellate Tribunal, Bangalore has observed that Common Area Maintenance (CAM) Charges included in rent were allowable as a deduction.

Tags : Customs, Excise and Service Tax Appellate Tribunal, customer care, Business Auxiliary Services



CESTAT: Penalty Under Central Excise Act is Not Sustainable by Third Party Evidence(19.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Delhi has ruled that the demand of duty and penalty under the Central Excise Act, 1944 is not sustai.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Central Excise Act, 1944, demand of duty



ITAT: Revisional Order Based on Suspicion is Invalid(20.05.2022)

Income Tax Appellate Tribunal (ITAT), Chennai Bench, has held that the revisional order under Section 263 of the Income Tax Act, 1961 cannot be merely.....

Tags : Income Tax Appellate Tribunal, Revisional Order, Suspicion



ITAT: No Disallowance of PF/ESI Contributions on Account of Delay in Deposit(20.05.2022)

Income Tax Appellate Tribunal ( ITAT ), Delhi Bench has held that no disallowance of provident fund and Employees State Insurance contributions on acc.....

Tags : Income Tax Appellate Tribunal, Disallowance, Provident Fund, Delay in Deposit



ITAT, Ahmedabad: Delay Due to Liquidation Proceedings Constitute Reasonable Cause(10.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that if dominion ownership of car rest with the assessee, the assessee is eligible for depreciation.....

Tags : Income Tax Appellate Tribunal, depreciation, assessee



CESTAT: Foreign Origin Gold Bar With Unexplained Source Liable for Absolute Confiscation(10.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Chennai while remanding the matter back, has held that the gold bar with a foreign marking, the so.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, gold bar, prohibited good



ITAT, Ahmedabad: Third Party Shareholders Renouncing Rights Shares is Liable to Tax U/S 56(2)(10.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that third party shareholders renouncing rights shares in favour of the assesse are liable to tax u.....

Tags : Income Tax Appellate Tribunal, assesse, Section 56(2), Income Tax, 1961



ITAT, Delhi: Re-Assessment Based on Incorrect and Irrelevant Facts is Invalid(10.05.2022)

Income Tax Appellate Tribunal, Delhi has held that the re-assessment under section 148 of the Income Tax Act, 1961 invoked on the basis of incorrect a.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 148



CESTAT, Hyderabad: Liquidated Damages Does Not Attract Service Tax(10.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has held that receipt of liquidated damages by the service provider for breach of condit.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, liquidated damages, Service Tax



CESTAT, Delhi: CHA Has No Reason to Doubt Any Malpractice of Export of Prohibited Goods(10.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that the Custom House Agent had no reason to doubt any malpractice and attempted e.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Custom House Agent, malpractice, prohibited goods, abetment



ITAT, Bangalore: Agricultural Land Not Converted at Time of Sale Not Included as Capital Gain(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that since the agricultural land was not converted at the time of sale, the sale consideration s.....

Tags : Income Tax Appellate Tribunal, agricultural land, sale consideration, Income Tax Act, 1961, assessee



ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....

Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees



ITAT, Mumbai: Circular Due to Difficulties in E-filing Software Can’t be Relied(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the private discretionary trust shall be treated as AoP and has rejected the plea of the assessee.....

Tags : Income Tax Appellate Tribunal, AoP, CBDT, software, private discretionary trust



CESTAT, Bangalore: Service Not Made Available Physically, Can’t be Chargeable to Service Tax(12.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Bangalore has observed that recipient of the service has not physically made available to the servic.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, recipient, service provider, export, service tax



NCLAT: Resolution Professional Cannot Withhold Any Plan and Refuse to Submit Before CoC(12.04.2022)

National Company Law Appellate Tribunal, has observed that Resolution Professional of its own cannot withhold any plan and reject to submit the same b.....

Tags : National Company Law Appellate Tribunal, Resolution Professional, Committee of Creditors



ITAT, Delhi Deletes Penalty Against Lahmeyer Holding GambH(12.04.2022)

Income Tax Appellate Tribunal , Delhi has granted relief to Lahmeyer holding that the penalty cannot be levied based on fact that the assessee under s.....

Tags : Income Tax Appellate Tribunal, Lahmeyer Holding GambH, section 44BBB of the Income Tax Act, 1961, permanent establishment, bonafide



ITAT, Delhi: Amount from Indian Associate for Support Service is not Fees and not liable to Tax(02.05.2022)

Income Tax Appellate Tribunal, Delhi has observed that amount expected from Indian Associate for Support Service is not Fees for Included Services and.....

Tags : Income Tax Appellate Tribunal, Indian Associate, Support Service



ITAT, Lucknow: Clerical Mistake in Audit Report Form 10B Can be Rectified(02.05.2022)

Income Tax Appellate Tribunal, Lucknow has observed that the clerical mistakes in audit report form 10B can be rectified and the same should not be a .....

Tags : Income Tax Appellate Tribunal, form 10B, Audit Report



CESTAT, Mumbai: Sports Boats Come Within Ambit of Inflatable Craft under Customs and Tariffs Act(02.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that sports boats come within the meaning of inflatable craft subsequent to headi.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Customs Tariff Act, 1975, sports boats



ITAT, Delhi: Amendments to Sections 43B and 36(1)(va) IT Act Can’t Have Retrospective Effect(02.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the amendments to sections 43B and 36(1)(va) of the Income Tax Act, 1961 cannot have retrospective.....

Tags : Income Tax Appellate Tribunal, sections 43B, sections 36(1)(va), Income Tax Act, 1961, retrospective effect



ITAT, Cuttack: Source of Money Cannot be Doubted if Fixed Deposits Are Made Out of Savings(02.05.2022)

Income Tax Appellate Tribunal, Cuttack has observed that the cause of money cannot be doubted if the fixed deposits are made out of the savings of the.....

Tags : Income Tax Appellate Tribunal, fixed deposits, assessee



CESTAT, Ahmedabad: Press Mud Made During Manufacture of Sugar Can’t be Exempted Products(02.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that the Bagasse/ Press mud made during the course of manufacture of sugar .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Rule 6 of Central Excise Rule, 2004, sugar



ITAT Delhi Orders Cairn UK to Pay Rs 10,000 Cr Tax For Transfer of Shares to Cairn India(15.03.2017)

Income Tax Appellate Tribunal, Delhi (ITAT), has ordered UK's Cairn Energy Plc to pay Rs 10,000 crore capital gains tax on transfer of ownership from.....

Tags : Income Tax Appellate Tribunal, Delhi, Cairn India



ITAT, Chennai: Simpliciter Interest Received for Delay in Payment Not Income from Business(16.02.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has held that simpliciter interest received for delay in payment cannot be considered as income generate.....

Tags : Income Tax Appellate Tribunal, Simpliciter Interest



ITAT, Bangalore Quashes Re-assessment Proceedings Against Nike India Pvt. Ltd.(17.02.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has quashed re-assessment proceedings against Nike India Pvt. Ltd, which was reopened more than 4 year.....

Tags : Income Tax Appellate Tribunal, Nike India Pvt. Ltd.



ITAT, Mumbai: Provisions of Book Profit Not Applicable When No Income Tax Payable(19.02.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that the provisions relating to Book Profit will not be applicable when there is no income tax .....

Tags : Income Tax Appellate Tribunal, Book Profit



ITAT, Bangalore: Assessee in Principle Entitled to Claim Deduction of Gratuity(22.02.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that assessee in principle is entitled to claim a deduction of gratuity paid before the appe.....

Tags : Income Tax Appellate Tribunal, Deduction of Gratuity



ITAT, Mumbai Allows Payment by Tata Chemicals for Using ‘TATA’ Logo as Business Deduction(22.02.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has allowed Rs 3.7 Crores to be paid by Tata Chemicals for using the ‘TATA’ logo as a business deduction.

Tags : Income Tax Appellate Tribunal, Tata Chemicals



CESTAT Allows Cenvat Credit To Satyam Computer for Service Tax Paid on Medical Insurance Premium(14.10.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has granted a cenvat credit to Satyam Computer for service tax paid on insurance premium.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit, service tax, insurance premiums



ITAT: If TDS Statement filed on Time Contains Technical Errors, No Late Fee Can be Charged(11.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that a late fee under section 234E of the Income Tax Act of 1961 cannot be imposed if a statement is.....

Tags : Income Tax Appellate Tribunal, section 234E, Income Tax Act



CESTAT, Mumbai Allows Refund of CENVAT Credits on Service Tax Paid on Import of Services(11.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has allowed the refund of CENVAT credits against payment of Service Tax paid during the Goo.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, CENVAT credits, Service Tax, Goods and Service Tax, Reverse Charge Mechanism



ITAT, Mumbai: Computers, Including Computer Software, Are Eligible to 60% Depreciation(11.05.2022)

Income Tax Appellate Tribunal, Mumbai has observed that depreciation of 60 % can be allowed to ‘computers including computer software’ under Rule 5 of.....

Tags : Income Tax Appellate Tribunal, Income Tax Appellate Tribunal Rules, depreciation, computers



Universal Music India Rejoices as Bombay HC Upholds ITAT Order(11.05.2022)

Bombay High Court in a major relief to Universal Music India, has upheld an order of the Income Tax Appellate Tribunal (ITAT) quashing a revisional or.....

Tags : Bombay High Court, Universal Music India, Income Tax Appellate Tribunal, section 263



CESTAT Waives Detention and Demurrage Charges for Goods Confiscated by Customs(12.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that a remission of detention and demurrage costs was appropriate because the goo.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, detention, Customs Department, seizure



ITAT, Chennai: Subscription Money Received in Advance by DTH Operators is Taxable(12.05.2022)

Income Tax Appellate Tribunal, Chennai has declared that subscription money received by direct-to-home (DTH) providers in advance is not taxable. The .....

Tags : Income Tax Appellate Tribunal, direct-to-home, subscription money



CESTAT, Kolkata: Manufacturer is Eligible to Avail Cenvat Credit on Sales(13.04.2022)

Customs, Excise, and Service Tax Appellate Tribunal, Kolkata has observed that since the sale and manufacture are inter connected, the cenvat credit i.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, cenvat credit, sales commission



NCLAT: Mere Error of Address in Postal Receipt Does not Bely Sending of Notice(13.04.2022)

National Company Law Appellate Tribunal has observed that mere address error in Postal Receipt does not bely the sending of notice by Operational Cred.....

Tags : National Company Law Appellate Tribunal, Postal Receipt



CESTAT, Ahmedabad: Service Tax Cannot be Levied Based on Income Declared Under IDS(13.04.2022)

Customs, Excise, and Service Tax Appellate Tribunal, Ahmedabad has observed that service tax cannot be levied merely because the income declared under.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, service tax, Income Declaration Scheme, 2016



CESTAT, Ahmedabad: No Service Tax on Electricity Charges Reimbursed to Service Provider(13.04.2022)

Customs, Excise, and Service Tax Appellate Tribunal, Ahmedabad has observed that service tax cannot be levied on reimbursement of electricity charges .....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, service tax, electricity charges



CESTAT, Mumbai: Enhancement of Value Cannot be Ground to Invoke Penal Provisions/Confiscation(13.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has observed enhancement of value cannot be a ground on voluntary statement to invoke penal p.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, voluntary statement, penal provisions



CESTAT, Mumbai: Third Party Records Cannot Form Basis of Clandestine Removal(13.04.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has observed that records of the third party cannot form the basis of clandestine removal, un.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, clandestine removal, corroborated



CESTAT, Ahmedabad: Allegation of Non-Re-Warehousing of Goods Prove by Substantial Evidence(14.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that allegation of non-re-warehousing of the goods prove by substantial evi.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, non-re-warehousing, substantial



CESTAT: Activity Of Printing Advertisement Content On PVC Material Amount to "Manufacturing"(14.10.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has ruled that no service tax is payable on the activity of printing advertisement conte.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, advertisement



ITAT, Jaipur: Equalisation Levy Not Applicable Where Target Audience Are Outside India(14.10.2022)

Income Tax Appellate Tribunal, Jaipur has observed that an equalisation levy is not payable on advertising payments where advertisers or the target au.....

Tags : Income Tax Appellate Tribunal, equalisation levy, advertisers



ITAT: Cess Received By Trust From Milk Societies, Not Voluntary; Can't Be Corpus Donation(17.10.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that the Cess received by a trust from the milk supplying societies, against the sales made by them .....

Tags : Income Tax Appellate Tribunal, Cess, Corpus Donation



ITAT: IT Exemption To Defence Personnel Invalidated From Service Due To Disability(18.10.2022)

Income Tax Appellate Tribunal, Delhi has observed that income tax (IT) exemption should be available to Defence Forces personnel who have been invalid.....

Tags : Income Tax Appellate Tribunal, exemption, Defence



NCLAT: COC's Decision For Liquidation Is Open To Judicial Review By NCLT And NCLAT(19.10.2022)

National Company Law Appellate Tribunal, Delhi has ruled that when the Committee of Creditors (CoC) decides to liquidate the Corporate Debtor, the dec.....

Tags : National Company Law Appellate Tribunal, Committee of Creditors, Corporate Debtor, liquidation



NCLAT: AA Can Consider Any Application Arising Out Of Sale In Liquidation(19.10.2022)

National Company Law Appellate Tribunal, Delhi has observed that the Adjudicating Authority (AA) is empowered to consider any application filed by the.....

Tags : National Company Law Appellate Tribunal, Liquidator, Auction, Adjudicating Authority



ITAT, Delhi: Deduction u/s 80HHC to be Computed after Reducing Deduction u/s 80IA(02.04.2021)

Income Tax Appellate Tribunal, Delhi has held that deduction allowed under Section 80-IA of Income Tax Act, 1961 has to be reduced from the profits fo.....

Tags : Income Tax Appellate Tribunal, Deduction u/s 80HHC



ITAT: Hire Charges Received by Owner Under ‘Time Charter Agreement’ Not Taxable As Royalty(23.01.2023)

Income Tax Appellate Tribunal, Mumbai has ruled that hire charges received by the owner of a ship for chartering its vessel under a ‘Time Charter Agre.....

Tags : Income Tax Appellate Tribunal, Time Charter Agreement, taxable



ITAT: Interest Income Earned By Co-Operative Society Eligible For Deduction(23.01.2023)

Income Tax Appellate Tribunal, Mumbai has observed that the interest income earned by a co-operative society on its investments held with co-operative.....

Tags : Income Tax Appellate Tribunal, interest, deduction



CESTAT: No Case Made Out By Customs For Confiscation Of Goods Meant For Export(23.01.2023)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that a “No Objection Certificate” (NOC) is not required from the Drug .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, No Objection Certificate, Drug Controller, export



CESTAT: Payments Made Through Cenvat Account Liable To Be Re-Credited If Excise Duty Paid In Cash(23.01.2023)

Customs, Excise, and Service Tax Appellate Tribunal has ruled that once the duty has been paid in cash, earlier payments made through the Cenvat Accou.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Cenvat Account



ITAT: 2% TDS Deductible On Common Area Maintenance Charges(25.01.2023)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 2% Tax Deducted at Source (TDS) is deductible on common area maintenance charges. The court.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, maintenance, assessee



Securities Appellate Tribunal Dismisses NSE Plea for Bank Guarantee to SEBI(07.06.2019)

Securities Appellate Tribunal (SAT) has rejected NSE's plea for allowing it to provide bank guarantee instead of transferring Rs 687 crore from escrow.....

Tags : Securities Appellate Tribunal, NSE



NCLAT Directs Partial Temporary Relaxation on Physical Filing Due to Surge in Covid 19 Cases(25.05.2021)

National Company Law Appellate Tribunal has directed partial temporary relaxation in physical filing as per its earlier Standard Operating Procedure d.....

Tags : National Company Law Appellate Tribunal, Partial Temporary Relaxation on Physical Filing



ITAT, Hyderabad: Joint Holder in Husband’s Salary Account Not Undisclosed Foreign Account(01.06.2021)

Income Tax Appellate Tribunal (ITAT) Hyderabad has dismissed an appeal by the revenue department wherein it ruled that being a joint account holder in.....

Tags : Income Tax Appellate Tribunal, Undisclosed Foreign Account



ITAT, Delhi: Revision of Orders Prejudicial to Revenue Not to be Invoked for Computational Error(02.06.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the provision related to revision of orders prejudicial to revenue under Section 263 of the.....

Tags : Income Tax Appellate Tribunal, Revision of Orders



NCLAT Upholds Imposition of Rs. 1337.76 Crores Penalty on Google by CCI(30.03.2023)

National Company Law Appellate Tribunal has dismissed Google’s appeal against CCI order (MANU/CO/0089/2022) which imposed a penalty of Rs. 1337.76 Cro.....

Tags : National Company Law Appellate Tribunal, Google, CCI, Dominant Position, Abuse



Del. HC to Vivo: Approach PMLA Appellate Tribunal in Plea Against Freezing of Debt Accounts(31.03.2023)

Delhi High Court has directed Vivo India to approach PMLA Appellate Tribunal to pursue its appellate remedies against the order of Enforcement Directo.....

Tags : Delhi High Court, PMLA Appellate Tribunal, Vivo, Enforcement Directorate



CESTAT, Mumbai Allows CENVAT Credit Even When Goods Not Classified as Capital Goods(14.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has allowed the CENVAT credit even when the goods were not classified as capital g.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, CENVAT Credit



ITAT, Mumbai: LTCG on Penny Stock Transaction Cannot be Denied Exemption(15.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that long term capital gains arising from a penny stock transaction cannot be denied exemption under t.....

Tags : Income Tax Appellate Tribunal, LTCG on Penny Stock Transaction



NCLAT: Failure to Reply to Demand Notice Does Not Preclude Corporate Debtor from Raising Dispute(15.03.2022)

National Company Law Appellate Tribunal has held that the mere fact that the corporate debtor did not reply to the demand notice by the Operational Cr.....

Tags : National Company Law Appellate Tribunal, Failure to Reply to Demand Notice



Compat Sets Aside CCI’s Order in IATA’s Anti-Competitive Practices Case(18.11.2016)

Competition Appellate Tribunal (Compat) has set aside an order of Competition Commission of India (CCI) in a case of alleged abuse of dominant positio.....

Tags : Competition Appellate Tribunal, CCI, International Air Transport Association



ITAT, Delhi Allows Exemption to Association of State Road Transport Undertaking(29.09.2020)

Income Tax Appellate Tribunal (ITAT), New Delhi has allowed the exemption under Section 11 and 12 of the Income Tax Act, 1961 to Association of State .....

Tags : Income Tax Appellate Tribunal, Association of State Road Transport Undertaking



ITAT, Mumbai: Amount Spent on Consumable Items can’t be Claimed as Improvement Cost(04.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the amount spent on consumable items including sofa, tiles, etc., can’t be claimed as cost .....

Tags : Income Tax Appellate Tribunal, improvement cost, Income Tax Act, 196, capital gain



ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)

Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd



ITAT: Currency Derivative Can be Treated As An Eligible Transaction U/S 43(5)(30.05.2022)

Income Tax Appellate Tribunal, Delhi has observed that currency derivatives can be treated as eligible transactions under Section 43(5) of the Income .....

Tags : Income Tax Appellate Tribunal, transactions



ITAT: Amendment on Sec.36(1)(va) Has Prospective Effect(30.05.2022)

Income Tax Appellate Tribunal, Raipur while quashing the order confirming disallowances of Rs. 18,12,622/- out of employment contribution towards EPF/.....

Tags : Income Tax Appellate Tribunal, amendment, prospective



ITAT: Onus To Prove Identity, Creditworthiness Etc of Transaction Lies on Assessee(30.05.2022)

Income Tax Appellate Tribunal, Pune has observed that the onus to prove identity, creditworthiness, and genuineness of a transaction lies with the ass.....

Tags : Income Tax Appellate Tribunal, assessee



ITAT: Interest-bearing Unsecured Loans Are Allowable As Income Tax Deduction U/S 57(iii)(31.05.2022)

Income Tax Appellate Tribunal, Raipur observed that interest-bearing unsecured loans are allowable as deduction under Section 57(iii) of Income Tax Ac.....

Tags : Income Tax Appellate Tribunal, unsecured loans, deduction



ITAT: Expenditure on Maintenance, Back-Up, and Support Services is Revenue in Nature(31.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that expenditure on maintenance, backup, and support services to existing hardware and software .....

Tags : Income Tax Appellate Tribunal, maintenance, backup, hardware, software



ITAT: Expenditure On Maintenance, Back-Up, and Support Services is Revenue in Nature(31.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that expenditure on maintenance, backup, and support services to existing hardware and software .....

Tags : Income Tax Appellate Tribunal, maintenance, backup, hardware, software



Delhi HC Directs Center to Provide 'Firm Timeline' for Appointments to PMLA Appellate Tribunal(31.08.2020)

Delhi High Court has asked the Central Government to file an affidavit indicating the status of appointments at the Appellate Tribunal, PMLA. The Cour.....

Tags : Delhi High Court, Appointments at PMLA Appellate Tribunal



ITAT, Ahmedabad: Higher Rate of Depreciation Available to Vehicles Let Out on Hire(22.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the assessee can avail higher rate of depreciation that is accessible to vehicles to let out o.....

Tags : Income Tax Appellate Tribunal, assessee, higher rate, depreciation



ITAT, Ahmedabad: Payments to Medical Labs for Screening of Sickle Cell Anemia Subject to TDS(22.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that under sections 194J and 194C of the Income Tax Act, 1961 is applicable to the payments made to .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, sickle cell anemia, medical labs



ITAT, Chennai: No TDS on Advertisement Expenses Paid to Online Platforms(22.04.2022)

Income Tax Appellate Tribunal, Chennai, while granting relief to Matrimony.com, has held that Tax Deducted at Source shall not be paid on advertisemen.....

Tags : Income Tax Appellate Tribunal, Matrimony.com, Tax Deducted at Source, advertisement expenses, Facebook Ireland



NCLAT Sets Aside NCLT Order Dismissing Initiation of CIRP Against Mittal Corp(15.09.2020)

National Company Law Appellate Tribunal (NCLAT) has set aside an order passed by the National Company Law Tribunal (NCLT), Mumbai which had dismissed .....

Tags : National Company Law Appellate Tribunal, Mittal Corp Limited



ITAT, Mumbai Deletes Tax Claim on Vodafone Rights Issue(15.09.2020)

Income Tax Appellate Tribunal, Mumbai has deleted the addition of Rs 795 Crores by tax authorities as income received from nine Mauritian entities tha.....

Tags : Income Tax Appellate Tribunal, Tax Claim on Vodafone Rights Issue



ITAT, Bangalore: No Restriction in Challenging Intimation Passed on Ratification of Mistake(16.09.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that there is no restriction in challenging intimation passed on ratification of mistake unde.....

Tags : Income Tax Appellate Tribunal, Ratification of Mistake



ITAT, Mumbai: Data Processing Cost Paid by KBC Bank Branch to Head Office Isn’t Royalty(04.12.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has upheld the order passed by CIT(A) holding that the Data Processing Cost paid by the KBC Bank Branch t.....

Tags : Income Tax Appellate Tribunal, KBC Bank Branch



NCLAT: Threshold of Rs.1 Crore Is Required for Initiation of CIRP(12.05.2022)

National Company Law Appellate Tribunal (NCLAT) has ruled that an application filed after 24.03.2020 under Section 7 of the Insolvency and Bankruptcy .....

Tags : National Company Law Appellate Tribunal, Section 7, Insolvency and Bankruptcy Code, 2016, threshold, One Crore



ITAT: Amendments to Income Tax Deduction for Contributions to ESI and PF Are Not Retrospective(12.05.2022)

Income Tax Appellate Tribunal, Jaipur has ruled that amended provisions relating to income tax deduction for ESI and PF contributions would be effecti.....

Tags : Income Tax Appellate Tribunal, 2021-22, retrospective, assessment year



CESTAT, Mumbai: Value of Excisable Goods Sold at Depot Will be Determined Using Sale Price From Depot(12.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has ruled that the value of excisable items sold at depot shall be established based on the s.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, depot



Delhi HC: ITAT Ought to Set Aside Ex-Parte Order(24.12.2020)

Delhi High Court has held that the Income Tax Appellate Tribunal (ITAT) is ought to set aside ex-parte order, irrespective of final order decided the .....

Tags : Delhi High Court, Income Tax Appellate Tribunal, Ex-Parte Order



ITAT, Mumbai: Tata Trusts to Continue to be Exempt from Payment of Taxes(29.12.2020)

Income Tax Appellate Tribunal, Mumbai has quashed revisionary orders passed by the Commissioner (exemptions), which would have resulted in three Tata .....

Tags : Income Tax Appellate Tribunal, Tata Trusts



CESTAT, Bangalore: CENVAT Credit of Service Tax Can be Availed by Banks for ‘Output Services’(04.11.2020)

Customs, Excises, Service Taxes Appellate Tribunal (CESTAT), Bangalore has held that the CENVAT credit of service tax paid for insurance service recei.....

Tags : Customs, Excises, Service Taxes Appellate Tribunal, CENVAT Credit of Service Tax



SAT Dismisses Appeal of Reliance Industries Challenging SEBI Order on Sale of Reliance Petroleum(06.11.2020)

Securities Appellate Tribunal (SAT) has dismissed an appeal by Reliance Industries (RIL) challenging a Securities and Exchange Board of India order in.....

Tags : Securities Appellate Tribunal, Reliance Industries



ITAT, Delhi Gives Relief on DDT by Local Companies on Dividends to Foreign Shareholders(15.10.2020)

Income-Tax Appellate Tribunal (ITAT), Delhi has ruled that dividend distribution tax (DDT) payable by Indian companies on dividends distributed to non.....

Tags : Income Tax Appellate Tribunal, Dividend Distribution Tax



ITAT, Bangalore: Registration has to be Granted if No Evidence of Malafide Activities(05.01.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has allowed the application for the registration holding that the registration has to be granted if th.....

Tags : Income Tax Appellate Tribunal, Registration of Trust



SC Stays TDSAT Order Which Set Aside DoT Demand for License Fee from Internet Service Providers(06.01.2021)

Supreme Court has stayed the order of the Telecom Disputes Settlement Appellate Tribunal (TDSAT) which directed the Union of India to refund the amoun.....

Tags : Supreme Court, Telecom Disputes Settlement Appellate Tribunal, Internet Service Provider



ITAT, Bangalore: Losses on Account of Exchange Fluctuation Allowed as Deduction(06.01.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that losses on account of exchange fluctuation on forward contracts are allowable as a deduct.....

Tags : Income Tax Appellate Tribunal, Losses on Exchange Fluctuation



ITAT, Mumbai: Addition of Unabated Assessment Without Incriminating Seized Material Not Sustainable(07.01.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the addition of unabated assessment without incriminating seized material for assessment un.....

Tags : Income Tax Appellate Tribunal, Addition of Unabated Assessment



SAT, Mumbai Directs NDTV Promoters to Deposit 50% of Disgorged Amount Before SEBI(12.01.2021)

Securities Appellate Tribunal, Mumbai has directed the two NDTV promoters, Prannoy Roy and Radhika Roy to deposit 50% of the disgorged amount before t.....

Tags : Securities Appellate Tribunal, NDTV Promoters



Income Tax Appellate Tribunal (ITAT), Bangalore Confirms Disallowance Against Nike India(25.11.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has confirmed disallowance against Nike India, stating that the burden of expenditure for new product .....

Tags : Income Tax Appellate Tribunal, Nike India



ITAT, New Delhi Deletes Addition Against Hindustan Coca Cola Beverages(27.11.2020)

Income Tax Appellate Tribunal (ITAT), New Delhi has deleted the addition against Hindustan Coca Cola Beverages and has held that no tax is applicable .....

Tags : Income Tax Appellate Tribunal, Hindustan Coca Cola Beverages



ITAT: No Documentary Evidence to Substantiate PRP as Expenditure, Claim is Not Sustainable(07.09.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the claim of Performance Related Pay (PRP) is not sustainable when no documentary evidence wa.....

Tags : Income Tax Appellate Tribunal, Performance Related Pay, documentary evidence



ITAT, Delhi: Propagation of Yoga Qualifies as Medical Relief(21.02.2017)

Delhi bench of Income Tax Appellate Tribunal (ITAT) has granted exemption status under Sections 11 and 12 of the Income Tax Act to Baba Ramdev’s Patan.....

Tags : Income Tax Appellate Tribunal, Patanjali



CIVIL - Liability of Past Dues Rests Only with RCom and Not with Reliance Jio: TDSAT(27.02.2019)

Telecom Dispute Settlement Appellate Tribunal (TDSAT) has said that liability of past dues related to Spectrum Usage Charges (SUC) rested only with Re.....

Tags : Telecom Dispute Settlement Appellate Tribunal (TDSAT), RCom



CIVIL - Liability of Past Dues Rests Only with RCom and Not with Reliance Jio: TDSAT(27.02.2019)

Telecom Dispute Settlement Appellate Tribunal (TDSAT) has said that liability of past dues related to Spectrum Usage Charges (SUC) rested only with Re.....

Tags : Telecom Dispute Settlement Appellate Tribunal (TDSAT), RCom



Delhi HC: Remand Power Not to be Exercised by ITAT in Routine Matter(19.01.2021)

Delhi High Court has held that the remand is not a power to be exercised by Income Tax Appellate Tribunal in a routine manner but to be used sparingly.....

Tags : Delhi High Court, Income Tax Appellate Tribunal



ITAT: Vodafone Idea Not Liable to Deduct TDS on Discount Extended to Pre-paid Distributors(22.01.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Vodafone Idea Ltd. is not liable to deduct TDS on discount extended to its pre-paid dist.....

Tags : Income Tax Appellate Tribunal, Vodafone Idea Ltd.



CESTAT: Objection of Audit Cannot be Basis for Determining Duty Liability(18.12.2020)

Customs, Excise, Service Taxes Appellate Tribunal (CESTAT) has held that objection of audit cannot be the basis for determining duty liability, in abs.....

Tags : Customs, Excise, Service Taxes Appellate Tribunal, Objection of Audit



Income Tax Appellate Tribunal Revokes Penalty on Jamsetji Tata Trust(29.10.2020)

Income Tax Appellate Tribunal (ITAT) has revoked a Rs. 37 Crores penalty imposed on the Jamsetji Tata Trust by the income tax department, rejecting it.....

Tags : Income Tax Appellate Tribunal, Jamsetji Tata Trust



NCLAT: Registration of Vehicle Does Not Qualify As Registered ‘Charge’ for Valid Claim(30.10.2020)

National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal filed by Volkswagen Finance Pvt Ltd against an order of the National Company L.....

Tags : National Company law Appellate Tribunal, Registration of Vehicle



ITAT, Ahmedabad: Deduction Can be Claimed under R&D for Development of Mechanism(03.11.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the deduction can be claimed under Research and Development (R&D) for Amount incurred to.....

Tags : Income Tax Appellate Tribunal, Deduction under R&D



NCLAT: Liability of Personal Guarantor Survives Even on Becoming Citizen of Foreign Country(02.08.2022)

National Company Law Appellate Tribunal (NCLAT), New Delhi Bench has held that liability of Personal Guarantor doesn’t extinguishes upon subsequent ac.....

Tags : National Company Law Appellate Tribunal, Personal Guarantor, Foreign Citizenship



ITAT, Mumbai: Individuals Paying for Residential Houses Will Get Complete Tax Benefits(02.05.2017)

Income Tax Appellate Tribunal (Mumbai bench) has held that if entire investment for purchase of a new residential house, along with stamp duty and reg.....

Tags : Income Tax Appellate Tribunal, Residential Houses



ITAT, Ahmedabad: Salary Deducted For Not Serving Notice Period is Not Taxable Income(03.05.2017)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has ruled that an amount deducted from an employee's salary for not serving out a notice period cannot.....

Tags : Income Tax Appellate Tribunal, Notice Period



ITAT, Mumbai: Leaseholder’s Expenses Not Capital Expenditure(23.02.2021)

Income Tax Appellate Tribunal (ITAT) Mumbai, has ruled that lease-holder’s expenses are not liable to be considered as capital expenditure for the pur.....

Tags : Income Tax Appellate Tribunal, Leaseholder’s Expenses



ITAT, Delhi Accepts Harish Salve’s Deduction of Foreign Scholarship as Business Expense(01.03.2021)

Income Tax Appellate Tribunal, New Delhi, has accepted the claim of Senior Advocate Harish Salve for deduction of the foreign scholarship given by him.....

Tags : Income Tax Appellate Tribunal, Harish Salve



ITAT, Delhi Deletes Adjustments of TPO on AMP Expenses of Ray-Ban(27.01.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has given relief to Ray-Ban deleting the adjustments made by the Transfer Pricing Officer (TPO) on account.....

Tags : Income Tax Appellate Tribunal, Ray-Ban



ITAT, Delhi Deletes Additions on Passing of Expiry Date of Product in Relief to Hindustan Coca Cola(27.01.2021)

Income Tax Appellate Tribunal (ITAT), Delhi in a relief to Hindustan Coca Cola has deleted the additions of Rs. 20.89 Lakhs on account of passing of t.....

Tags : Income Tax Appellate Tribunal, Hindustan Coca Cola



SC Issues Notice in Plea Seeking Expeditious Filling of Vacancies at PMLA Appellate Tribunal(01.02.2021)

Supreme Court has issued notice in a Public Interest Litigation (PIL) seeking for directions to expeditiously fill the long-standing vacancies at the .....

Tags : Supreme Court, Vacancies at PMLA Appellate Tribunal



ITAT, Delhi Allows Deloitte to Deduct Expenditure on Suit Against Partner as Business Expenditure(01.02.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the expenditure incurred by Deloitte Haskins & Sells towards defending suit against the part.....

Tags : Income Tax Appellate Tribunal, Deloitte Haskins & Sells



SC to Centre: Make GST Appellate Tribunal Paperless(14.11.2022)

Supreme Court has directed Union Government to ensure that all filings by it in tax matters before High Courts and Tribunals are in e-filing mode, and.....

Tags : Supreme Court, GST Appellate Tribunal, Paperless



IT Law Doesn’t Bar Partners to Draw Remuneration from More than One Firms: ITAT(15.04.2019)

Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that the income tax law does not prohibit a partner from drawing remuneration/ salary fro.....

Tags : Income Tax Appellate Tribunal, Remuneration, Partnership Firm



ITAT, Mumbai: Activities Undertaken by Builders Association Not Trade, Commerce or Business(16.03.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has allowed the exemption under section 11(1)(a) of the Income Tax Act, 1961 as activities undertaken by .....

Tags : Income Tax Appellate Tribunal, Activities Undertaken by Builders Association



ITAT, Delhi: Notice u/s 143(2) to be Served within 6 Months(18.03.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the notice issued under section 143(2) of the Income tax Act, 1961 has to be served upon th.....

Tags : Income Tax Appellate Tribunal, Notice u/s 143(2)



CESTAT, Ahmedabad: Nayara Energy Entitled to Cenvat Credit(18.03.2021)

Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Ahmedabad has ruled that Nayara Energy is entitled to Cenvat Credit in respect of all the se.....

Tags : Customs, Excise, Service Tax Appellate Tribunal, Nayara Energy



ITAT, Delhi: Entire Reassessment Proceedings Invalid if Assessee Precluded from Raising Objections(22.03.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the entire reassessment proceedings invalid, if assessee precluded from raising objection a.....

Tags : Income Tax Appellate Tribunal, Reassessment Proceedings



CESTAT, New Delhi Frees M/S Shree Rolling Mill from Charge of Clandestine Removal(22.03.2021)

Customs Excise and Service Tax Appellate Tribunal, New Delhi has freed M/S Shree Rolling Mill from charge of clandestine removal, stating that charge .....

Tags : Customs Excise and Service Tax Appellate Tribunal, M/S Shree Rolling Mill



ITAT: Payment Made By Assessee To Non-Resident Supplier Amount To "Royalty"; Liable To Deduct TDS(19.10.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that the payment made by the assessee to the non-resident supplier would amount to royalty and t.....

Tags : Income Tax Appellate Tribunal, assessee, deduct tax at source



CESTAT: Charges Of Clandestine Removal Cannot Be Confirmed On The Basis Of Private Records(19.10.2022)

Ahmedabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that charges of clandestine removal cannot be confirmed on the.....

Tags : clandestine, corroborative, Customs, Excise and Service Tax Appellate Tribunal



CESTAT: Service Tax Demand Can't Be Sustained On Ocean Freight Under RCM(21.10.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that the service tax demand is not sustainable as the appellant has purchased f.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, freight



ITAT: Vodafone Idea Not Liable To Deduct TDS On Discount Allowed On Purchase Of Prepaid SIM Cards(21.10.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that Vodafone Idea is not liable to Deduct Tax at Source (TDS) on the discount allowed to the distribu.....

Tags : Income Tax Appellate Tribunal, SIM, Deduct Tax at Source



NCLAT: Adjudicating Authority Can Invoke Inherent Powers To Replace The Liquidator(21.10.2022)

National Company Law Appellate Tribunal has held that the Adjudicating Authority can invoke its inherent powers to replace the Liquidator and to do s.....

Tags : National Company Law Appellate Tribunal, Liquidator, inherent



ITAT, Bangalore Extends Stay of Collection of Outstanding Tax Demand Against Google India(15.03.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has allowed the further extension of stay of collection of outstanding tax demand to the tune of Rs.12.....

Tags : Income Tax Appellate Tribunal, Google India



ITAT, Cuttack: Interest Not Leviable if TDS Paid Before Completion of Proceedings(15.03.2021)

Income Tax Appellate Tribunal (ITAT), Cuttack has ruled that no interest is leviable if Tax Deducted at Source (TDS) is timely deducted and paid to th.....

Tags : Income Tax Appellate Tribunal, Interst on TDS



ITAT Hyderabad: Return by Govt Agency Can't be Rejected For Not Furnishing Audit Report(09.06.2017)

Income Tax Appellate Tribunal (ITAT), Hyderabad has held that income tax return filed by a Government agency cannot be rejected by authorities merely .....

Tags : Income Tax Appellate Tribunal, Audit Report



Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)

Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....

Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act



ITAT, Delhi: No Tax on Compensation for Acquisition of Agricultural Land by State Govt(15.04.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that no tax shall be payable on compensation for acquisition of agricultural land by the state go.....

Tags : Income Tax Appellate Tribunal, Compensation for Acquisition of Agricultural Land



ITAT, Ahmedabad: Shares at Face Value by Amalgamated Company Not Covered Under Income Tax Act(16.04.2021)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has ruled that the Shares at ‘face value’ by the amalgamated company to shareholders in pursuance of s.....

Tags : Income Tax Appellate Tribunal, Shares at Face Value by Amalgamated Company



NCLAT to Google: Deposit 10% of Penalty as Interim Measure(06.01.2023)

National Company Law Appellate Tribunal (NCLAT), Principal Bench while adjudicating an appeal filed in Google LLC & Anr. v CCI, has admitted Google’s .....

Tags : National Company Law Appellate Tribunal, Google, CCI, Penalty



Delhi HC Stays DRAT Order Imposing Restrictions on Filing of Securatisation Application(11.04.2017)

Delhi High Court has stayed order of Debts Recovery Appellate Tribunal, wherein DRAT had held that a Securitization Application under Section 17 of SA.....

Tags : Delhi High Court, Debts Recovery Appellate Tribunal



ITAT, Mumbai: Incidental Activities of Trust of Charitable Purpose Not Commercial Activities(06.04.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that where the purpose of the trust is relief to poor, education, or medical relief, the other a.....

Tags : Income Tax Appellate Tribunal, Incidental Activities of Trust of Charitable Purpose



CESTAT, Delhi: Cenvat Credit Admissible for Input Service Used in Storage Facilities(07.04.2021)

Customs, Excises, and Service Taxes Appellate Tribunal (CESTAT), Delhi has ruled that the Cenvat Credit is admissible for input service used in storag.....

Tags : Customs, Excises, and Service Taxes Appellate Tribunal, Cenvat Credit



ITAT, Jaipur Allows Deduction u/s 54F on Residential House Property Purchased in Name of Wife(07.04.2021)

Income Tax Appellate Tribunal (ITAT), Jaipur has allowed the deduction under section 54F of the Income Tax Act, 1961 in respect of residential house p.....

Tags : Income Tax Appellate Tribunal, Deduction u/s 54F on Residential House Property



ITAT: IBC Has Overriding Effect on All Acts Including Income Tax Act(20.02.2023)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including t.....

Tags : Income Tax Appellate Tribunal, Income-Tax, Insolvency



NCLAT, Delhi: After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan(27.01.2023)

National Company Law Appellate Tribunal while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has observed that .....

Tags : National Company Law Appellate Tribunal, Resolution, adoption



NCLAT, Chennai: No Condonation Beyond 45 Days, IBC Overrides Limitation Act(27.01.2023)

National Company Law Appellate Tribunal, Chennai ruled that Section 238 of Insolvency & Bankruptcy Code, 2016 overrides Section 12 of the Limitation A.....

Tags : National Company Law Appellate Tribunal, condone



ITAT, Allahabad: No Tax Applicable on Interest Income Linked to Power Plant(04.02.2021)

Income Tax Appellate Tribunal (ITAT), Allahabad has held that the no tax is applicable on the interest income linked with the power plant set up as it.....

Tags : Income Tax Appellate Tribunal, Interest Income Linked to Power Plant



ITAT, Bangalore: Assessee Living in Joint Family, Gold Credit to be Given to All Members(05.02.2021)

Income Tax Appellate Tribunal, Bangalore has ruled that when the assessee is living in joint family, gold credit provided by the Commissioner of Incom.....

Tags : Income Tax Appellate Tribunal, Gold Credit



NCLAT Refuses to Entertain Devas Shareholder's Appeal Against Order Appointing Liquidator(15.02.2021)

National Company Law Appellate Tribunal(NCLAT), Chennai has refused to entertain an appeal filed by Devas Mauritius Employees Private Ltd - a sharehol.....

Tags : National Company Law Appellate Tribunal, Devas Multimedia Private Ltd., Antrix Corporation Ltd



ITAT, Pune: Sale Consideration for Sale of Software Products is Business Income(15.02.2021)

Income Tax Appellate Tribunal (ITAT) Pune has ruled that the sale consideration received for the sale of software products from the end-users, distrib.....

Tags : Income Tax Appellate Tribunal, Sale Consideration for Sale of Software Products



CESTAT, Delhi Quashes Order Confirming Demand of Service Under ‘Works Contract’(15.02.2021)

Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Delhi has quashed the order confirming demand of service tax under “works contract” even if .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Demand of Service



Bombay High Court Directs Finance Ministry to Provide Proper Infrastructure for DRT/DRAT(21.08.2015)

Bombay High Court has directed Finance Ministry to consider providing proper infrastructure and space to Debt Recovery Tribunal (DRT) and Debt Recover.....

Tags : Bombay High Court,Debt Recovery Tribunal (DRT) , Debt Recovery Appellate Tribunal (DRAT)



CESTAT, Ahmedabad: Interest of Only Refundable Duty Admissible under Section 11BB(20.04.2021)

Customs, Excises, Service Taxes Appellate Tribunal (CESTAT), Ahmedabad has held that the interest of only refundable duty is admissible under Section .....

Tags : Customs, Excises, Service Taxes Appellate Tribunal, Interest of Refundable Duty



NCLAT Prepones Summer Vacation from April 26 to May 20(20.04.2021)

National Company Law Appellate Tribunal has modified its calendar for summer vacation of this year in light of the recent surge in Covid-19 cases thro.....

Tags : National Company Law Appellate Tribunal, Preponing of Summer Vacation



Bombay High Court Quashes Income Tax Appellate Tribunal Ruling in Rs 8500 crore Transfer Pricing Case(09.10.2015)

Bombay High Court has quashed and set aside an order of Income Tax Appellate Tribunal, which had ruled that I-T department had powers to raise tax dem.....

Tags : Bombay High Court ,Income Tax Appellate Tribunal,Vodafone India



#Insolvency Code: NCLAT Sets Aside Inox Wind’s Insolvency Proceedings(31.07.2017)

National Company Law Appellate Tribunal (NCLAT) has set aside insolvency proceedings against Inox Wind Ltd, on grounds that “principles of natural jus.....

Tags : National Company Law Appellate Tribunal, Inox



ITAT, Pune: Reimbursement on Welfare Expenses Incurred by Multinationals in India Not Taxable(18.05.2021)

Income Tax Appellate Tribunal (ITAT), Pune has said that reimbursement on welfare expenses incurred by multinationals in India shall not be taxable if.....

Tags : Income Tax Appellate Tribunal, Reimbursement on Welfare Expenses Incurred by Multinationals in India



ITAT, Mumbai: Forex Gains on Repayment of Interest-free Loan by Relative Not Taxable(19.05.2021)

Income Tax Appellate Tribunal, Mumbai has ordered that foreign exchange gains arising in the hands of an individual, on a repayment of an interest-fre.....

Tags : Income Tax Appellate Tribunal, Forex Gains on Repayment of Interest-free Loan by Relative



ITAT, Chennai Quashes Income Tax Department Assessment Order Against T.T.V. Dhinakaran(24.05.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has quashed an Income Tax Department assessment order determining undisclosed income of about Rs. 57.43 .....

Tags : Income Tax Appellate Tribunal, T.T.V. Dhinakaran



Bom. HC: No Legal Error in Alignment/Acquisition Proceedings of ML-4 Project(31.03.2023)

Delhi High Court has directed Vivo India to approach PMLA Appellate Tribunal to pursue its appellate remedies against the order of Enforcement Directo.....

Tags : Delhi High Court, PMLA Appellate Tribunal, Vivo, Enforcement Directorate



CESTAT, Delhi: Levy of Penalty on Proprietor and Firm Would Amount to Double Jeopardy(08.06.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the levy of penalty on the sole proprietor of a firm along with the c.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Levy of Penalty on Proprietor and Firm



CESTAT, Chandigarh: Benefit of Cenvat Cannot be Denied Due to Faulty Investigation(08.06.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh has held that the benefit of Cenvat credit cannot be denied to the taxpayer on.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Cenvat Credit



CESTAT, Delhi: Cenvat Credit Not Allowable on Capital Goods on Which Depreciation Availed(14.06.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the Cenvat credit is not allowable on the capital goods for which th.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Cenvat Credit



ITAT, Pune: Income from Sale of Software License Not ‘Royalty’ Under Indo-US DTAA(17.06.2021)

Income Tax Appellate Tribunal (ITAT), Pune has held that the income from the sale of software license cannot be treated as “royalty” for the purpose o.....

Tags : Income Tax Appellate Tribunal, Income from Sale of Software License



ITAT, Allahabad: Amount of Share of Conversion of Leasehold Land Allowed as Cost of Improvement(12.07.2021)

Income Tax Appellate Tribunal (ITAT), Allahabad has held that the amount paid by a co-owner of the property towards his share for conversion of afores.....

Tags : Income Tax Appellate Tribunal, Amount of Share of Conversion of Leasehold Land



NCLAT Declines Plea Challenging Order Approving Piramal Bid for DHFL(29.06.2021)

National Company Law Appellate Tribunal has declined a plea by US-based Prudential International Insurance Holdings Ltd challenging a National Company.....

Tags : National Company Law Appellate Tribunal, Prudential International Insurance Holdings Ltd



ITAT, Indore: Revisional Jurisdiction Cannot be Invoked if Assessment Orders Not Erroneous(30.06.2021)

Income Tax Appellate Tribunal (ITAT), Indore has held that revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked if .....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction



ITAT Bangalore: No Penalty If Assessee Admitted Income During Search and Paid Tax(07.11.2017)

Income Tax Appellate Tribunal (ITAT), Bangalore held that penalty under Section 271AAA of the Income Tax Act should not be levied if the assessee admi.....

Tags : Income Tax Appellate Tribunal, Section 271AAA of the Income Tax Act



ITAT Grants Conditional Stay to Vodafone Group in Transfer Pricing Case(20.07.2021)

Income Tax Appellate Tribunal (ITAT) has granted a conditional stay to a Vodafone Group Plc entity Vodafone India Services Pvt Ltd (VISPL) in a transf.....

Tags : Income Tax Appellate Tribunal, Conditional Stay to Vodafone Group



NCLAT Stays Vedanta Group’s Winning Bid for Videocon Industries(20.07.2021)

National Company Law Appellate Tribunal (NCLAT) has stayed Vedanta Group’s winning bid for debt-laden Videocon Industries after an appeal by dissentin.....

Tags : National Company Law Appellate Tribunal, Videocon Industries



ITAT, Bangalore: Income Tax Deduction Not Allowed to Professional Charges Paid for Acquisition(26.07.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the income tax deduction cannot be allowed to professional and consultancy charges paid .....

Tags : Income Tax Appellate Tribunal, Professional Charges Paid for Acquisition



Tribunal Stays Fine Imposed on IndiGo, SpiceJet(09.02.2016)

Competition Appellate Tribunal has stayed penalties totalling Rs 106 crore imposed by Competition Commission of India on IndiGo and SpiceJet for alleg.....

Tags : Competition Appellate Tribunal, IndiGo , SpiceJet



Tribunal Stays CCI's Ruling Against Alkem Labs(09.02.2016)

Competition Appellate Tribunal has stayed an order by Competition Commission of India's (CCI) imposing a penalty of over Rs 74 crore on Alkem Laborato.....

Tags : Competition Appellate Tribunal , Competition Commission of India



ITAT, Bangalore: Consideration for Sale of Software Not to be Treated as Royalty(13.08.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that consideration for the sale of software cannot be treated like royalty.

Tags : Income Tax Appellate Tribunal, Consideration for Sale of Software



Interest Income from Capital Gains Bonds is Taxable as ‘Other Income’: ITAT Mumbai(07.02.2018)

Mumbai bench of Income Tax Appellate Tribunal (ITAT) has held that interest income earned from capital gains bonds would be taxable under the head oth.....

Tags : Income Tax Appellate Tribunal



CESTAT, Delhi Sanctions Refund of CVD and SAD Paid u/s 142 of GST(28.09.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has sanctioned refund of Countervailing Duty (CVD) and Special Additional Duty (SAD.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Refund of CVD and SAD



ITAT: Single Transaction of Buying and Selling of Shares Can’t be Treated as Business Activity(29.09.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has held that a single transaction of buying and selling of shares cannot be treated as a business acti.....

Tags : Income Tax Appellate Tribunal, Single Transaction of Buying and Selling of Shares



ITAT, Chennai: Capital Gain Exemption Cannot be Denied to Assessee Merely on Basis of Facts(29.09.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the capital gain exemption under section 54F of the Income Tax Act, 1961 cannot be denied .....

Tags : Income Tax Appellate Tribunal, Capital Gain Exemption



CESTAT, Chennai Allows Refund Claim by Hyundai Motor India(05.10.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai has allowed a refund claim by Hyundai Motor India where the Tribunal quashed an .....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Hyundai Motor India



COMPAT Turns Down CCI's Penalty on Airlines(19.04.2016)

Competition Appellate Tribunal (COMPAT) has turned down an order passed by Competition Commission of India (CCI) which had imposed a fine of Rs 257.91.....

Tags : Competition Appellate Tribunal , CCI



CESTAT, Delhi: No Service Tax Payable on Services Provided by Government Company(18.10.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that no Service Tax payable on services provided to Government Company fo.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Transmission of Electricity



Income Tax Appellate Tribunal, Delhi: 10% Presumptive Tax on Hiring of Security Guards(19.10.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 10% Presumptive Tax shall be applicable on business of hiring security guards for customers.....

Tags : Income Tax Appellate Tribunal, Hiring of Security Guards



ITAT, Amritsar Allows Registration Under Section 12A to Educational Welfare Society(19.10.2021)

Income Tax Appellate Tribunal (ITAT), Amritsar has allowed Registration under Section 12A of the Income Tax Act, 1960 to an Educational Welfare Societ.....

Tags : Income Tax Appellate Tribunal, Educational Welfare Society



ITAT, Mumbai Quashes Demand of 6% of Value of Exempted Service as Job Work(20.10.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has quashed the demand of 6% of value of exempted service as job work is incidental and ancillary to manu.....

Tags : Income Tax Appellate Tribunal, Exempted Service



ITAT, Kolkata Deletes Addition as Interest on Loan After Deduction of TDS(22.10.2021)

Income Tax Appellate Tribunal (ITAT), Kolkata has deleted the addition as interest on Loan duly paid by the assessee after deducting Tax Deducted at S.....

Tags : Income Tax Appellate Tribunal, Interest on Loan After Deduction of TDS



NCLAT Sets Aside Plea to Initiate Insolvency Proceedings Against Intex Technologies(30.10.2019)

National Company Law Appellate Tribunal (NCLAT) has dismissed a plea to initiate insolvency proceedings against smartphone and mobile accessories make.....

Tags : National Company Law Appellate Tribunal, Intex Technologies India Ltd.



CESTAT, Hyderabad: SEZ Act to Have Overriding Effect Over Service Tax Laws(08.09.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Hyderabad has ruled that Special Economic Zone (SEZ) Act, 2005 has an overriding effect o.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, SEZ Act



ITAT, Mumbai Deletes Income Tax Penalty Against Bollywood Actress Preity Zinta(08.09.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has deleted a penalty order imposed against the actress Preity Zinta. The department has imposed the pena.....

Tags : Income Tax Appellate Tribunal, Preity Zinta



ITAT Delhi Upholds CIT (A) Order Disallowing Expenses in Relief to Tulip Star Hotel(13.09.2021)

Income Tax Appellate Tribunal (ITAT), Delhi, in a major relief to Tulip Star Hotel, has upheld an order of the Commissioner of Income Tax (Appeals) w.....

Tags : Income Tax Appellate Tribunal, Tulip Star Hotel



ITAT, Delhi: TDS Required to be Deductible on Commission to Overseas Agents(15.09.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Tax Deducted at Source (TDS) is required to be deductible on the amount of commission pa.....

Tags : Income Tax Appellate Tribunal, Commission to Overseas Agents



SC: NCLAT Has No Jurisdiction to Condone Delay Exceeding 15 Days From Period Of 30 Days(15.09.2021)

Supreme Court observed that the National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to condone the delay exceeding 15 days from the pe.....

Tags : Supreme Court, National Company Law Appellate Tribunal, Condonation of Delay



ITAT, Jodhpur: Genuineness of Cash in Hand Not Dependent on Time Gap Between Withdrawal and Deposit(20.09.2021)

Income Tax Appellate Tribunal (ITAT), Jodhpur has ruled that mere time gap between Withdrawals and Deposits cannot be a sole basis for suspecting genu.....

Tags : Income Tax Appellate Tribunal, Genuineness of Cash in Hand



ITAT, Delhi: Western Union Cannot be Subject to Income Tax for Business Profit Earned in India(22.09.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Western Union cannot be subject to income tax for the business profit earned in India in.....

Tags : Income Tax Appellate Tribunal, Western Union



ITAT, Indore: Denial of Opportunity to Cross-Examine Parties Would be Violation of Natural Justice(23.09.2021)

Income Tax Appellate Tribunal (ITAT), Indore has held that the denial of opportunity to the assessee to conduct cross-examination of the parties who h.....

Tags : income Tax Appellate Tribunal, Violation of Natural Justice



ITAT, Mumbai: Shell India Not Taxable in India for Consideration Received from Resale of Software(27.09.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that Shell India not taxable in India for consideration received from resale/use of the computer.....

Tags : Income Tax Appellate Tribunal, Shell India



ITAT, Bangalore: Independent Building with More Than One Residential Unit Eligible for Capital Gain(27.09.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that an independent building with more than one residential unit within it shall be eligible .....

Tags : Income Tax Appellate Tribunal, Independent Building with More Than One Residential Unit



ITAT, Bangalore: Payment to Federation of Indian Mineral Industries Deductible Business Expenditure(24.08.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that the payment made to the federation of Indian Mineral Industries is deductible from the b.....

Tags : Income Tax Appellate Tribunal, Payment to Federation of Indian Mineral Industries



CESTAT, Delhi Quashes Service Tax Commissioner Order Confirming Recovery of CENVAT Credit(26.08.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has quashed the Service Tax Commissioner’s Order confirming recovery of CENVAT cre.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Order Confirming Recovery of CENVAT Credit



ITAT, Bangalore Grants Partial Relief to Google Ireland Where Tribunal Expedited Hearing(06.09.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has granted partial relief to Google Ireland where the Tribunal expedited the hearing and posted the m.....

Tags : Income Tax Appellate Tribunal, Partial Relief to Google Ireland



SAT Sets Aside Order that Held Prannoy & Radhika Roy Liable for Insider Trading(06.10.2023)

Securities Appellate Tribunal (SAT) has set aside the order of Securities and Exchange Board of India (SEBI) that had held former promoters of NDTV, P.....

Tags : Securities Appellate Tribunal, Insider Trading, NDTV



Securities Appellate Tribunal Provides Relief to Religare Finvest in Fund Diversion Case(30.01.2020)

Securities Appellate Tribunal has given relief to Religare Finvest, an arm of Religare Enterprises, in a fund diversion case, involving erstwhile prom.....

Tags : Securities Appellate Tribunal, Religare Finvest, Fund Diversion Case



CESTAT, Mumbai: ‘Casino Vessels’ Classifiable as ‘Passenger Ship’ and Not ‘Pleasure Boats’(05.02.2020)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that ‘casino vessels’ could not be classified as ‘pleasure boats’. The Co.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Casino Vessels



ITAT, Bangalore: Capital Gain Deduction Allowable for House Purchased Outside India(05.02.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has allowed a claim of deduction under Section 54/54F of the Income Tax Act, 1961 on a house purchased.....

Tags : Income Tax Appellate Tribunal, Capital Gain Deduction on House Purchased Outside India



ITAT Mumbai: No Tax Notice to Legal Heir of Deceased(17.11.2023)

Income-tax Appellate Tribunal, Mumbai has held an assessment order passed in the name of a deceased taxpayer to be 'non-est’ and quashed the addition .....

Tags : Income-tax Appellate Tribunal, Mumbai, deceased taxpayer



NCLAT: Goods Lying in Customs Bonded Warehouses Can’t be Assets of Corporate Debtor(06.12.2021)

National Company Law Appellate Tribunal (NCLAT), New Delhi has held that goods lying in the Customs bonded warehouses cannot be considered assets of t.....

Tags : National Company Law Appellate Tribunal, Goods Lying in Customs Bonded Warehouses



ITAT, Ahmedabad: No Disallowance for Interest Expenses if Investment to Acquire Control(03.02.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that no disallowance can be made for interest expenses if the investment was made to acquire .....

Tags : Income Tax Appellate Tribunal, No Disallowance for Interest Expenses



ITAT, Ahmedabad: Income Tax Assessment Against Deregistered Company Invalid(04.02.2022)

Income Tax Appellate Tribunal (ITAT) Ahmedabad, has held that the income tax assessment against a company deregistered by the Ministry of Corporate Af.....

Tags : Income Tax Appellate Tribunal, Income Tax Assessment



ITAT, Kolkata Directs CIT (A) to Send Notices to Advocates Through Email(07.02.2022)

Income Tax Appellate Tribunal (ITAT) Kolkata has directed the Commissioner of Income Tax (Appeals) to send notices to the advocate of the assessee thr.....

Tags : Income Tax Appellate Tribunal, Sending of notices Through Email



CESTAT, Chennai: No Service Tax Leviable on Goods Component of Composite Works Contract(19.11.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai has held that no service tax is leviable on goods component of composite works c.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Service Tax Leviable on Goods Component of Composite Works Contract



CESTAT, Ahmedabad Directs Revenue to Re-Consider Refund Claim of IOCL(23.11.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has given relief to Indian Oil Corporation Limited (IOCL) directing the Revenue.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Indian Oil Corporation Limited



ITAT, Mumbai: Interest on Delay in Payment of Advancements Charged Only on Returned Income(27.01.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the interest on delay in payment of advancements shall be charged only on the returned inco.....

Tags : Income Tax Appellate Tribunal, Interest on Delay in Payment of Advancements



ITAT, Mumbai: Transponder Charges Not in Nature of Royalty Income(27.01.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the transponder charges are not in the nature of royalty income as per the provisions of th.....

Tags : Income Tax Appellate Tribunal, Transponder Charges



ITAT: VAT Expenses on Deemed Import Eligible to be Set Off Against VAT Output(31.12.2021)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the Value Added Tax (VAT) expenses on deemed import are eligible to be set off against t.....

Tags : Income Tax Appellate Tribunal, VAT Expenses on Deemed Import



CESTAT, New Delhi: Amount on Alleged Wrongly Availed Cenvat Credit Liable to be Refunded(02.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi has held that the amount on alleged wrongly availed Cenvat Credit deposited at .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Cenvat Credit



ITAT, Bangalore: Employee Contribution to Provident Fund Before ITR Eligible for Deduction(03.03.2022)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that an Employee contribution to Provident Fund (PF)/ Employee State Insurance (ESI) before .....

Tags : Income Tax Appellate Tribunal, Employee Contribution to Provident Fund



ITAT, Delhi: House Rent Allowance Exemption Allowable on Rent Paid to Spouse(04.03.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that Income Tax Act, 1961 does not prohibit claiming house rent allowance (HRA) exemption on the .....

Tags : Income Tax Appellate Tribunal, House Rent Allowance



ITAT, Delhi: Income Tax Notice, Revisionary Proceedings Against Dead Person is Void(07.03.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the notice issued against a dead person is null and void and all consequent proceedings or o.....

Tags : Income Tax Appellate Tribunal, Revisionary Proceedings Against Dead Person



ITAT, Mumbai: Sale of Transferable Development Rights Does Not Attract Capital Gains Tax(07.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that sale of transferable development rights does not attract capital gains tax since the cost of acqu.....

Tags : Income Tax Appellate Tribunal, Sale of Transferable Development Rights



NCLAT, Delhi: Operational Creditor is At Liberty to File Legal Proceedings to Recover Claims(21.02.2022)

National Company Law Appellate Tribunal (NCLAT), Delhi has held that the Operational Creditor is at liberty to file appropriate legal proceedings to r.....

Tags : National Company Law Appellate Tribunal, Operational Creditor



ITAT, Mumbai: AOP Running Educational Institution Eligible For Exemption(22.02.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that an unregistered Association of Persons (AOP), formed by an agreement merging two charitable Trust.....

Tags : Income Tax Appellate Tribunal, AOP Running Educational Institution



ITAT, Chennai Allows Loss on Investment in Subsidiary Company as Business Loss(23.02.2022)

Income Tax Appellate Tribunal (ITAT), Chennai has allowed the loss on investment made in subsidiary company for increasing business expediency to be w.....

Tags : Income Tax Appellate Tribunal, Loss on Investment in Subsidiary Company



CESTAT, Bangalore: Software Maintenance Services Not Covered Under Business Auxiliary Services(24.02.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore has held that the software maintenance services shall not be covered within the.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Software Maintenance Services



CESTAT, Chennai: Redemption Fine Cannot be Imposed When Goods Allowed to be Re-exported(24.02.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the redemption fine cannot be imposed when the goods are allowed to.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Redemption Fine



ITAT, Mumbai Disallows Fees Paid for Investment Advisory Services on Lack of Documentary Evidence(08.02.2022)

Income Tax Appellate Tribunal (ITAT) Mumbai has disallowed fees paid towards Investment Advisory Services as assessee only furnished debit note, and .....

Tags : Income Tax Appellate Tribunal, Fees Paid for Investment Advisory Services



ITAT, Pune: No Income Tax Payable on Sale of Software Licence(09.02.2022)

Income Tax Appellate Tribunal (ITAT), Pune, has ruled that no Income Tax payable on Sale of Software Licence, support, maintenance as it is not Royalt.....

Tags : Income Tax Appellate Tribunal, Sale of Software Licence



CESTAT, Delhi Quashes Service Tax Demand on Notice Pay from Employees for Premature Resignation(14.02.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has quashed the service tax demand on notice pay recovered from employees for prema.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Premature Resignation



NCLAT, Delhi: Order of Mediation Along with Dishonoured Cheques Not Extension of Limitation(14.02.2022)

National Company Law Appellate Tribunal, Delhi has held that an order of mediation along with dishonoured cheques does not imply an extension of limi.....

Tags : National Company Law Appellate Tribunal, Extension of Limitation



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