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Archive: 02 January 2023

Posts in 02 January 2023

Re-assessment proceedings against dissolved entity is unsustainable

January 2, 2023 1515 Views 0 comment Print

Delhi High Court of the petitioner is that the impugned proceedings for reassessment have been triggered against an entity, which is no longer in existence.

Suo moto revisional power passed by Addl. CST lack jurisdiction

January 2, 2023 1206 Views 0 comment Print

Orissa High Court held that suo moto revisional power passed by the Addl CST lacked jurisdiction and beyond the powers to revise the order of STO and hence liable to be quashed.

HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

January 2, 2023 744 Views 0 comment Print

Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016 1. The petitioner in the present case, apart from challenging the constitutional validity of the provisions of the Benami Transactions (Prohibition) Amendment Act, 2016, has also challenged the […]

Comparison by AO between qualitatively different agreements with completely different terms not appropriate

January 2, 2023 501 Views 0 comment Print

I hold that the comparison by the assessing officer between qualitatively different agreements with completely different terms and conditions was not appropriate.

Fraudulent import of old cars as new cars- Cestat Reduces penalty to 10%

January 2, 2023 630 Views 0 comment Print

Charanjit Singh Vs Commissioner of Customs (Port) (CESTAT Kolkata) The allegations are made that Appellant had actively participated in the operations regarding fraudulent import of the said cars and undertook the clearance of the cars from Kolkata port, where the said car was cleared as per the declaration. There was no mis-declaration at all as […]

Seller cannot be penalised for mentioning the quantity of goods in pieces instead of weight

January 2, 2023 960 Views 0 comment Print

HC held that mere selling of batteries by piece instead by weight does not make seller liable to be penalised under CGST Act, 2017

Gain on Sale of Land received in lieu of Business Loan is Business Income

January 2, 2023 405 Views 0 comment Print

The assignment of debt in favor of another entity partly in exchange of land was integral part of the business activities of the assessee and any gain / loss arising on such an asset should be viewed as business profits only.

India’s Annual Budget: An Exploration of the Process

January 2, 2023 663 Views 0 comment Print

Explore the complex process of Indias Annual Budget. Learn how it shapes the nations growth, provides the basis for economic planning & decision-making, & helps ensure economic stability. India’s Annual Budget: An Exploration of the Process

Can Rs. 50000 penalty be imposed directly for delayed Form GSTR-9C filing?

January 2, 2023 67311 Views 5 comments Print

Get answers to your questions about the Rs. 50000 penalty for delayed GSTR-9C filing! Can you be directly imposed the penalty u/s 125 of CGST & SGST Act for delayed Form GSTR-9C filing? Find out more!

ITAT upheld partial relief allowed by CIT(A) in respect of unexplained jewellery

January 2, 2023 519 Views 0 comment Print

Lakshmanan Indirani Vs ACIT (ITAT Chennai) The assessee was subjected to search action u/s 132 on 08-9-2015. During search operations, the jewellery belonging to the assessee and her family members was found. The jewellery weighed 3574.590 Grams which was valued at Rs.85.78 Lacs. In statement u/s 132(4), the assessee submitted that the jewellery belonged to […]

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