"18 June 2022" Archive

Initiation of proceedings untenable as duty with interest paid before notice

Surya Alloy Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)

The appellant paid the duty with interest even prior to issuance of Show Cause Notice. If that is so, the authorities had no jurisdiction to initiate proceedings at all and consequently the question of payment of penalty would not arise at all....

Witnesses cannot be relied if given deposition without reading the document

Hardasbhai Raymalbhai Gohil Vs Sanjaybhai Arvindbhai Jabuani & 2 Other(S) (Gujarat High Court)

The F.I.R. states the number of Santro car. Merely one of the witnesses has said that he has given the deposition by signing the document without reading and he was not much aware about which car has caused the accident, is not that much fatal....

Family pension available to transgender applicant: HC

Kantaro Kondagari @ Kajo Vs State of Odisha (Orissa High Court)

That the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992....

Statement of person not connected with business has no evidentiary value

Madhur Jain Vs ITO (ITAT Delhi)

In this case the valuation was done based on the statement of assessee’s son who is no way connected with assessee’s business except his occasional visits. Therefore, the statement of Sh. Rajat Jain has no evidentiary value....

Govt. authority cannot act in irresponsible & negligent manner

H.P. Agro Industries Corp. Ltd. Vs ITO (ITAT Chandigarh)

Government Corporation is like any other assessee before the tax authority and cannot be allowed to plead that on this count it be given a preferential treatment and be allowed to escape the responsibilities of representing their case before the other governmental authorities including the tax authorities....

Interest linked to primary activity eligible for Section 80IA deduction

ITO Vs State Infrastructure &

We hold that since the receipt of interest is intrinsically linked to the primary activity of allotment of plots in the industrial park, it is hereby held that the interest is derived from the eligible business and thus, eligible for the purpose of direction u/s. 80 IA....

Tax discharged by GPA holder – Taxing the same Income again is untenable

ITO Vs Smt. Bikkina Savitri Devi (ITAT Visakhapatnam)

Based on the merits of the case on a beneficial note we are of the opinion that since the GPA holder namely Sri. Yarlagadda Ravi Chandra Prasad has disclosed the income from the sale of plots gifted by his sister in his return of income and discharged his liability of taxes on returned income, in his return of income, the same cannot be t...

Rejection of expense merely based on narration of bill unsustainable

Road Builders (M) SDN BHD Vs DCIT (ITAT Delhi)

The narration of the professional fee bill by the payee is not at all material in rejecting the professional fee bill....

Interest payable if pre-deposit not refunded within 3 months

Cubex Tubings Limited Vs The Commissioner of Central Tax (CESTAT Hyderabad)

In the present case, section 35F of the Excise Act, as it stood prior to 06.08.2014, provides for payment of interest only if the pre-deposit amount is not refunded within a period three months from the date of communication of the order to adjudicating authority....

TDS credit, not eligible in the year under consideration, allowed in the year tax deducted

Centrum Microcredit Limited Vs ADIT (ITAT Mumbai)

Held that if assessee is not eligible for credit in the year under consideration then credit for the same should be allowed in the year in which tax has been deducted by the deductor....

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December 2023