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Archive: October, 2022

Posts in October, 2022

Allegation of conversion of unaccounted money needs sufficient evidence

October 13, 2022 1113 Views 0 comment Print

ITAT Mumbai held that in the absence of any evidence on allegation that some person provided the entry to convert unaccounted money for getting benefit of LTCG in the grab of exempt LTCG u/s 10(38) of the Income Tax Act the same cannot be accepted.

Issuance of notice u/s 148A based on adequate information is tenable

October 13, 2022 3114 Views 0 comment Print

Orissa High Court held that notice issued u/.s 148A of the Income Tax Act clearly demonstrates that the Assessing Authority had in possession of information about deposit of cash in the banks and hence the same is tenable in law

Judgment pronounced without reasoning is not judgement in eye of law

October 13, 2022 3402 Views 0 comment Print

NCLAT held that when judgment is pronounced without reasoning, it is not a judgment in the eye of law for the reason that the requirement of reasoning either by Original Court or Appellate Authority is to convey the mind of the judge while deciding such an issue before the Tribunal.

Limitation period invocable only when there is intention to evade tax

October 13, 2022 1107 Views 0 comment Print

CESTAT Hyderabad held that extended period of limitation can be invoked only when there is willful suppression of facts with an intention to evade payment of service tax.

Foreseen resale of capital investment doesn’t lose its capital nature

October 13, 2022 573 Views 0 comment Print

Calcutta High Court held that the capital investment and resale do not lose their capital nature merely because the resale was foreseen and contemplated when the investment was made.

Assessing ‘fruit pulp’ based on sale price of ‘fruit juice’ unjustified

October 13, 2022 489 Views 0 comment Print

CESTAT Mumbai held that the goods are to be assessed in the form they are produced for assessment. Accordingly, goods cleared as fruit pulp cannot be assessed and duty cannot be demanded on the basis of sale price of fruit juice.

HC grants Bail to CA/Insolvency Professional in alleged bribery case

October 13, 2022 1518 Views 0 comment Print

Petitioner is a Chartered Accountant by profession and after passing the examination, he became eligible to be appointed as an Insolvency Professional by the Committee of Creditors under Section 3(19) of IBC, 2016 for handling the companies under liquidation.

Cenvat Credit of Clean Energy Cess not available

October 13, 2022 1650 Views 0 comment Print

CESTAT Delhi held that proviso to Rule 3(4) of Cenvat Credit Rules specifically debars the payment of Clean Energy Cess by use of cenvat credit taken under Rule 3(1) of Cenvat Credit Rules. Accordingly, intent of legislation is very clear not to allow the cenvat credit of Clean Energy Cess.

Amendments related to Labelling & packaging of Pan Masala & Bread

October 13, 2022 3513 Views 0 comment Print

Stay updated on amendments in labelling and packaging for Pan Masala and Bread. Learn about warning declarations and ingredient specifications in the Food Safety and Standards Regulations.

Summary of Section 44AE of Income Tax Act, 1961 with latest amendments

October 13, 2022 4020 Views 0 comment Print

Understand Section 44AE of the Income Tax Act, 1961 with the latest amendments. Learn about profit computation, deductions, and key provisions for businesses owning up to 10 goods carriages.

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