Taxation Law
Tribunal Rules in Favor of Western Geco International Ltd.; Service Tax Liability on ONGC and RIL
CESTAT Principal Bench New Delhi exonerates Western Geco Gurugram from service tax demands, placing the liability on ser...
Income Tax : Trading liabilities and carried forward balances cannot be treated as unexplained cash credits
This decision underscores the Tribunal's role in ensuring that tax assessments are conducted with due diligence and fair...
CESTAT Chennai Rules Black Tea as Agricultural Produce, Exempts Commission Agents from Service Tax
Tribunal Upholds Negative List Exemption for Commission Agents Dealing in Agricultural Produce Under Finance Act, 1994...
Customs Tribunal Partially Allows Appeal in Ajanta Soya's Fire Accident Case
Tribunal Upholds Duty on Lost Goods, Sets Aside Penalties Due to Lack of Evidence of Misstatement or Suppression...
Cash deposits arising from cash sales during demonetization period cannot be treated as unexplained money
The judgment is seen as a significant precedent for businesses dealing with cash transactions during the demonetization ...
Customs Excise Tribunal Upholds Service Tax Inclusion for Non-Monetary Benefits
Lease Agreement's Complimentary Services and Discounts to be Considered in Gross Taxable Value, Rules Tribunal...
Books can not be rejected on suspicion or presumption of abnormal sales cannot
The tribunal’s decision not only provides relief to the assessee but also sets a precedent for handling similar disputes...
Ex-gratia payment made voluntarily by an employer out of appreciation for the employee is not taxable
This judgment is expected to have a significant impact on similar cases where employees receive voluntary ex-gratia paym...
Customs Tribunal Overturns Duty Demand in KDS Exports Case
The Tribunal's decision is a significant win for the appellants, including KDS Exports, Gokul Overseas, Krish Enterprise...
CESTAT New Delhi Rules in Favor of M/s. Leakless Gasket India Pvt. Ltd., Invalidating Extended Penalty and Limitation in Customs Duty Case
This ruling highlights the importance of precise classification and documentation in customs processes while safeguardin...
CESTAT Overturns Customs' Decision on Valuation and Confiscation of Goods
Continental Trading Co. expressed satisfaction with the Tribunal's decision, which reinstates the company's position reg...
ITAT Chennai Clears Educational Trust of Tax Liability on Voluntary Donations
The judgment reiterates that unless the Revenue can definitively prove donations are compulsory, educational trusts can ...
Tribunal Upholds SSI Exemption for M/s. Aashish Enterprises in Landmark Judgment
Legal experts view this judgment as a pivotal decision that clarifies the application of SSI exemptions concerning brand...
CESTAT Overturns Customs Valuation Order Against Triumph Motorcycles India
The ruling underscores the necessity for a clear legal obligation to exist for expenses to be included in the transactio...
Tribunal Rules Against Differential Duty on Laptops Distributed Free to Students
The Tribunal concluded that ELCOT, being neither an "Institutional Consumer" nor an "Industrial Consumer" as defined und...
VAT : No Double Taxation for Works Contracts Involving Sub-Contractors
This ruling is expected to have significant implications for the construction industry and other sectors involving works...
Income Tax Appellate Tribunal Remands Case for Fresh Adjudication in Anupama Agarwal v. DCIT
Principles of Natural Justice Violated; Exemption Claim Under Section 10(10D) to Be Re-examined ...
CESTAT Upholds 6% Interest Rate on Delayed Customs Duty Refund for Vortex Rubber Industries
This judgment serves as a crucial reference for businesses dealing with customs duty refunds, clarifying the legal frame...
VAT- Input Tax Credit cannot be denied to bona fide purchasing dealers
As the legal community digests this landmark judgment, businesses in Delhi and across India are expected to benefit from...
CESTAT Overrules Customs Penalties for G Amphray Laboratories, Declares Confiscation and Penalty Unlawful
The ruling is expected to have wide-ranging implications for other importers facing similar penalties under the erstwhil...
Bharat Petroleum Wins Appeal: Tribunal Upholds Duty-Free Export Status for Oil Supplies
CESTAT Bangalore Bench Rules in Favor of BPCL, Confirms "Foreign-Going Vessel" Status for ASEAN Explorer...
Disclosure of GST returns is prohibited : GST Act overrides RTI Act
The judgment referenced the Supreme Court's decision in "Central Public Information Officer, Supreme Court of India v. S...
Customs official cannot arbitrarily disregard statutory orders of customs clearance
The judgment emphasized the rule of law, asserting that statutory powers must be exercised within legal frameworks. The ...
Service tax cannot be levied on miscellaneous income
The judgment is expected to have a broader impact on similar disputes concerning service tax applicability on miscellane...
Expenses incurred for services provided and consumed outside India are not taxable under Reverse Charge Mechanism
This ruling provides a precedent for companies with overseas branches, reinforcing the principle that service tax is a d...
Transfer Pricing - Adjustment for Advertisement, Marketing, and Promotion expenses cannot be made using the "Bright Line Test"
This judgment is significant for multinational corporations operating in India, providing clarity on transfer pricing an...
Service Tax - Reimbursable expenses incurred by service provider - Inclusion of such expenses in taxable value not sustainable.
As a result of these findings, the penalties and interest previously imposed were quashed, and the appeals filed by M/s....
Cenvat Credit cannot be denied without the invocation of suppression, misstatement, or fraud.
This decision reinforces the interpretation of settlement provisions under the Finance Act, 1994, and clarifies the cond...
CESTAT Rules in Favor of Ericsson India: Royalty Payments Excluded from Import Valuation
The ruling highlights the nuanced interpretation of customs valuation rules, particularly concerning the inclusion of ro...
Service tax cannot be imposed on amounts received as advance payments for sale of land
The Tribunal noted that the appellant had entered into agreements to transfer land to four companies, subject to convers...
Customs Tribunal Upholds Rejection of Transaction Values; Orders Recalculation of Duties
This ruling underscores the Tribunal's stringent stance on customs compliance, emphasizing due diligence and accurate de...
Tribunal Overturns Duty and Penalties on Lasco Chemie Pvt. Ltd., Upholds DFIA License Use
Ultimately, the CESTAT set aside the demand of Rs. 33,29,154 in customs duties and the associated penalties, granting co...
Notices under Sections 148A and 148 of Income Tax Act : Authorities to follow faceless proceedings : Notices quashed
The ruling underscores the judiciary's role in maintaining procedural integrity and ensuring that statutory mandates are...
Excel sheet containing parallel invoices in email are admissible in evidence
Ultimately, the tribunal concluded that the penalties were proportionate considering the substantial value of goods invo...
Assessing Officer cannot reject the valuation method adopted by the assessee under Rule 11UA
This ruling reaffirms the principle that statutory provisions should be adhered to, ensuring that companies can exercise...
Once the AO has finalized the assessment order, the Dispute Resolution Panel cannot issue directions for another assessment
Ultimately, the ITAT set aside the second assessment order dated May 31, 2022, as invalid in the eyes of law, allowing H...