Rejection of Refund on Flimsy grounds would defeat purpose of Rebate Schemes and causes Inconvenience to Exporters: CESTAT [Read Order]
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata bench slammed the service tax department for rejecting refund claims on flimsy grounds and observed that such practices would defeat the purpose if rebate schemes
Exemption for Payment of Excise Duty under Notification allowable When Installed Capacity of Factory has Enhanced Substantially by More Than 25%: CESTAT [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that exemption for payment of excise duty under notification is allowable when the installed capacity of  factory has been enhanced substantially
Substantive benefit cannot be denied on procedural grounds: CESTAT quashes time barred SCN [Read Order]
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) quashed time barred Show Cause Notice ( SCN ) and observed that substantive benefit cannot be denied on procedural grounds.
Foreign Goods once Imported and Cleared for Home Consumption not subject to Self-Assessment Subsequently: CESTAT [Read Order]
The Customs, Central Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata bench has held that the foreign goods cannot be subject to self-assessment under section 17 of the Customs Act, 1962 after the same was
CIT(A) justified in deleting addition of Rs.10 lacs incurred on account of Undisclosed Expenses, not reflected in Books of Account: ITAT
The Income Tax Appellate Tribunal (ITAT), Kolkata Bench held that CIT(A) was justified in deleting the addition of Rs.10 lacs incurred on account of undisclosed expenses, not reflected in the books of account. The Search
Re-Assessment can’t be made If AO has no ‘Reason to Believe’ for escapement of Income: ITAT [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) held that the re-assessment under section 147/148 cannot be made if the Assessing Officer has no reason to believe that the assessee The Assessing Officer
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Calculation of Fair Market Value of Equity Shares based on Book Value by AO: ITAT deletes Addition of Rs. 46.52 Lakhs on Share Premium [Read Order]
The Income Tax Appellate Tribunal ( ITAT ), Kolkata Bench recently deleted the addition of Share Premium as calculation of Fair Market Value ( FMV ) of equity shares based on book value by the
No Disallowance of Interest paid on Capital borrowed for Business purpose: ITAT [Read Order]
Recently, the Kolkata Bench of Income Tax Appellate Tribunal (ITAT) in M/s Rawalwasia & Sons Exim Ltd. vs. ITO held that interest paid in respect of capital borrowed for the purposes of the business or
Delay in Filing of TDS due to sudden Resignation of Accountant is ‘Sufficient Cause’: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that the delay in filing of TDS return because of the sudden resignation of the assessees accountant would constitute ‘sufficient cause’ for such default. The
Relief to UCO Bank: CESTAT upholds eligibility for Cenvat Credit of Service Tax Paid on Telephone Bills for Telephones Installed at Employees’ Residence [Read Order]
In a major relief to UCO Bank, the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) upheld the eligibility for cenvat credit of service tax paid on telephone bills
CESTAT Quashes Service Tax Demand on Payment of Address Commission on ground of Non-inclusion of Activity under ‘BAS’ [Read Order]
The Kolkata bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) quashed the service tax demand on the payment of address commission on the grounds of non-inclusion of activity under ‘Business Auxiliary Service’(BAS). 
Construction Services provided to Charitable Trust are Exempted from Service Tax: CESTAT [Read Order]
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) observed that construction services provided to charitable trusts are exempted from service tax. The appellant contested a service tax demand of Rs.
Valuation of Customs Duty of Iron Ore Fines should be done in Accordance with provisions of Section 14 of Customs Act: CESTAT Allows Refund Claim [Read Order]
The Kolkata bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that the valuation of customs duty of Iron ore fines should be done under section 14 of the Customs Act,1962.  Ore
Addition u/s 69B can’t be made by AO purely based upon conjectures/surmises and without considering Evidences produced: ITAT [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) held that the addition under Section 69B of the Income Tax Act, 1961 cannot be made by the Assessing Officer purely based upon the conjectures/surmises