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Archive: 03 April 2022

Posts in 03 April 2022

Without change in circumstances Dept cannot take a different view on methodology of cost allocation accepted in earlier years 

April 3, 2022 555 Views 0 comment Print

Samarath Realities Vs DCIT (ITAT Ahmedabad) To sum up, the main arguments of the assessee are that the land cost varies from block to block and therefore the same is variable. The cost of land gets allocated through registered sale deed and the same is transferred to the land owner. The assessee of the project […]

CESTAT upheld penalty for not informing of counterfeit goods

April 3, 2022 528 Views 0 comment Print

D.J. Import (Prop-Harpreet Singh) Vs Commissioner of Customs (CESTAT Delhi)  So far as penalty under Section 117 is concerned, CESTAT find that the conduct of the Appellant is also dubious, and not clean. In spite of having knowledge that the goods dispatched by the Shipper vide aforementioned Bill of Lading, being not as per order […]

Lack of cross examination & violation of principle of natural justice – Additions deleted

April 3, 2022 4941 Views 0 comment Print

ITAT held that that lack of cross examination and violation of principle of natural justice results is total nullity of the entire addition. P. Mittal Manufacturing Pvt. Ltd. Vs ITO (ITAT Delhi)

Section 18(8)(ix) of JVAT Act not applicable when no manufacturing activity is undertaken by the dealer: HC

April 3, 2022 411 Views 0 comment Print

Exide Industries Limited Vs The State of Jharkhand (Jharkhand High Court) The present dispute pertains to the period 2012 -2013. The Petitioner during the said period, had made local purchases of scrap batteries worth Rs. 6,12,45,703/- on which it had claimed Input Tax Credit (ITC) of Rs. 30,62,285. However, in the assessment order ; the […]

Reassessment provisions framed under Finance Act, 2021 cannot be deferred by CBDT notifications: HC

April 3, 2022 939 Views 0 comment Print

Shweta Kedia Vs ITO (Rajasthan High Court) Issues: Whether after introduction of new provisions for reassessment of income by virtue of the Finance Act, 2021 with effect from 01.04.2021, substituting the then existing provisions, would the substituted provisions survive and could be used for issuing notices for reassessment for the past years and Whether the […]

Section 271(1)(c) notice without specifying the relevant limb is invalid

April 3, 2022 2382 Views 0 comment Print

Mohan Exports India Pvt. Ltd Vs DCIT (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different […]

Rejection of Objection to Section 148 Notice not means finalisation of Assessment: HC

April 3, 2022 3144 Views 0 comment Print

Dar Credit And Capital Limited Vs Union of India (Calcutta High Court) In this case High Court has found Section 148 Notice issued by AO as proper and Valid and further held that Rejection of the petitioner’s objection against the impugned notice under Section 148 of the Act does not mean that it has become […]

Some Facts Related to Trade Secrets

April 3, 2022 1608 Views 0 comment Print

As you are aware that we are living in free market economy, where everybody is allowed to participate and compete with exiting players. Every entity, whether big in size or small competing here to contain their market share and survive. A big business house having presence all over world is keen to keep its market […]

Form GST ITC-02A not available on Portal: HC allows credit transfer through Form GSTR 3B

April 3, 2022 1542 Views 0 comment Print

The petitioner has raised a pertinent grievance in this writ petition that the Form GST ITC-02A was not available on the GSTN Portal for the entire period of 30 days from the registration of its separate business verticals and even till the date of filing of the instant writ petition

Delhi HC to decide on validity of Section 148 E-notices – Stays reassessment notices

April 3, 2022 2121 Views 0 comment Print

Sharad Garg Vs ITO (Delhi High Court) By way of the present batch of petitions, this Court has been called upon to decide the validity of E-notices issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). The Petitioners have classified the matters in the following categories: 1. Category […]

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