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Archive: 02 January 2023

Posts in 02 January 2023

Irregular CENVAT Credit availment cannot be alleged without any evidence & merely based on statements of transporters

January 2, 2023 231 Views 0 comment Print

AIC Iron Industries Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The first issue involved in this case is whether the Appellant had availed irregular CENVAT Credit as arrived by the Department holding that it was paper transaction without receipt of raw materials. Second issue is whether under the circumstances and the facts […]

No section 69 addition for duly explained & genuine cash deposit in bank

January 2, 2023 1020 Views 0 comment Print

Dashrathbhai Shivabhai Chaudhary Vs ITO (ITAT Ahmedabad) The assessee is engaged in farming and trading of milk and seeds. As per the information made available, the assessee made cash deposit of Rs. 21,95,000/- with Saving Bank Account. Being agricultural and the agricultural income is exempt the assessee did not file any return of income under […]

GST: HC Quashes One Liner Cryptic Order passed in violation of Section 74

January 2, 2023 303 Views 0 comment Print

Vinayaka Steels Vs State Tax Officer (Madras High Court) it was incumbent upon the authority under Section 74 of the Goods and Services Tax Act, 2017 to have heard the petitioner in person, prior to passing of the impugned order. That apart, the impugned order rejects the explanation tendered by the petitioner vide reply dated […]

Ex parte order- HC directs Appellate Authority to reconsider appeal of petitioner on merits

January 2, 2023 1563 Views 0 comment Print

Gaurav Trading Company Vs State of U.P. (Allahabad High Court) This Court finds that by ex parte order the first appeal filed by the petitioner has been dismissed as he has failed to appear before the authority on 6.4.2021, 24.9.2021 and 2.11.2021. Taking a lenient view, this Court directs the Appellate Authority to reconsider the […]

Section 54F exemption allowed despite non-completion of construction as assessee invested the entire net consideration

January 2, 2023 921 Views 0 comment Print

CIT Vs Sardarmal Kothari (Madras High Court) There is no dispute about the fact that the assessees have invested the entire net consideration of sale of capital asset in the land itself and subsequently the assessees have invested large sums of money in the construction of the house. The cost of investment in land and […]

HC quashes sketchy & non-speaking GST order passed without considering reply of Appellant

January 2, 2023 693 Views 0 comment Print

It is clear on the face of the record that the officer did not consider the detailed reply submitted on behalf of the petitioner while passing the impugned orders which are sketchy and non-speaking on the face of it.

Employee’s contribution to PF not deposited before due date as per EPF Act is not allowable

January 2, 2023 693 Views 0 comment Print

In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.

Interest on income tax refund taxable under Article 11(2) of India- Malaysia DTAA

January 2, 2023 948 Views 0 comment Print

Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income

SC dismisses appeal on the ground of low tax effect

January 2, 2023 1389 Views 0 comment Print

CIT Vs Swapnil Finance Pvt. Ltd. (Supreme Court of India) It is reported by learned counsel appearing for the respective parties that tax effect in both the appeals for the relevant Assessment Years – 1995-96 and 1996-97 would be less than Rs. 2 Crores which is the monetary limit to prefer an appeal before this […]

HC set-aside scrutiny assessment carried out without Prior approval of CCIT/DGIT

January 2, 2023 912 Views 0 comment Print

CBDT had issued guidelines dated 10th September, 2011 mandating prior approval of the CCIT for scrutiny assessment and in the present case that was not obtained.

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