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Archive: January, 2023

Posts in January, 2023

Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 2358 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Late fee on filing new Bill of Entry as old Bill of Entry got purged is unsustainable

January 2, 2023 5214 Views 0 comment Print

CESTAT Mumbai held that imposing late fee charges on filing of new Bill of Entry, as old Bill of Entry got purged and erased in ICEGATE, is unsustainable in law.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 1095 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

Re-assessment proceedings against dissolved entity is unsustainable

January 2, 2023 2019 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 1698 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 858 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 834 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 948 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 1182 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 678 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.

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