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Archive: 10 July 2022

Posts in 10 July 2022

Arbitrary valuation of goods not subjected to BIS specifications is invalid

July 10, 2022 813 Views 0 comment Print

CESTAT held that the revaluation of the goods which are not subjected to BIS specifications was made in arbitrary manner and was not adhere to the principles of natural justice.

Penalty not leviable if foundation for levy itself is crumbled

July 10, 2022 495 Views 0 comment Print

Sharda Educational Trust Vs JCIT (ITAT Delhi) The Bench is of firm view that the foundation of issuing show cause notice for penalty u/s 271(1)(c) of the Act, being crumbled by a verdict of this Tribunal, by deletion of additions, the penalty order alone cannot stand by its own against the assessee. Reliance in this […]

Sale of Renewable Energy Certificate (Carbon Credit) is capital receipt

July 10, 2022 2190 Views 0 comment Print

Essel Mining & Industries Limited Vs DCIT (ITAT Mumbai) ITAT held that sale of Renewable Energy Certificate (Carbon Credit) of income received by the assessee is a capital receipt and could not be business receipt or income nor it is directly linked with the business of the assessee nor any asset is generated in the […]

TDS not deductible on freight charges if PAN of Company provided for its proprietary concern

July 10, 2022 705 Views 0 comment Print

DCIT Vs Vinod Chimanlal Modi (ITAT Ahmedabad) It is observed that sufficient documentary evidence was placed on record by the assessee before the learned CIT(A) to establish that M/s. S.S. Enterprises is a proprietary concern of M/s. Gunesh India Pvt. Ltd. and on the basis of the same, a finding was recorded by the leaned […]

Duty drawback cannot be denied when Advance Licenses were invalidated

July 10, 2022 1020 Views 0 comment Print

Tufropes Pvt Ltd. Vs Union of India (Bombay High Court) One fact very clearly emerges from the documents annexed to the petition and the affidavits is that the advance licences of petitioner were invalidated for direct import of relevant HDPE/P Granules / Chips and petitioner was allowed to procure the same indigenously from Reliance Industries […]

No addition for cash payment for property out of cash withdrawals by family members

July 10, 2022 789 Views 0 comment Print

Gurmeet Kaur Khurana Vs ITO (ITAT Chandigarh) The relevant facts of the case are that the assessee had invested an amount of Rs.6 lacs for immovable property with M/s Bajwa Developers Ltd. The investment was made vide cash payments. The transaction was flagged. It was noticed that no tax return was filed by the assessee. […]

Section 54 exemption denial on property purchases in Sons name- AO should follow view of jurisdictional HC

July 10, 2022 2610 Views 0 comment Print

Urmila Madhukar Ved Vs ITO (ITAT Pune) This appeal by the assessee emanates from the order passed by the CIT(Appeals)-7, Pune on 11-09-2019 in relation to the assessment year 2010-11. 2. The only issue raised in this appeal is against the denial of exemption u/s.54 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) […]

High Court Quashed non-speaking one line order

July 10, 2022 894 Views 0 comment Print

Chandra Udyog Vs Assistant Commissioner, CGST & CX (Calcutta High Court) By this writ petition petitioners have challenged the impugned order of rejection of petitioners’ claim of refund of excess balance of cash ledger being annexure P/6 to the writ petition on the basis of the show cause notice dated 10th May, 2022 as appears […]

Reassessment Proceedings cannot be initiated against a dead person

July 10, 2022 957 Views 0 comment Print

Ela Roy Vs ITO (Calcutta High Court) Petitioner being the sister of the noticee, in response to notice under Section 148 of the Act has filed the return. Petitioner submits that she being a lay person, due to inadvertence has filed the return on behalf of her brother noticee though she had already informed the […]

C&F Agent Service is admissible input service under Cenvat Credit Rules

July 10, 2022 549 Views 0 comment Print

CESTAT held that Clearing and Forwarding (C&F) agent service is admissible input service in terms of Rule 2(l) of CENVAT Credit Rules, 2004

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