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Archive: February, 2023

Posts in February, 2023

Writ not entertained as petitioner failed to use opportunity granted by department

February 27, 2023 1104 Views 0 comment Print

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices.

Non-inclusion of interest income for misplace of fixed deposit is illogical argument

February 27, 2023 1155 Views 0 comment Print

ITAT Delhi held that addition of interest income on fixed deposit with Canara Bank sustainable as contention of the assessee that fixed deposit is misplaced and hence there is no question of earning any interest income is illogical.

Reopening of assessment on the basis of change of opinion is untenable

February 27, 2023 2562 Views 0 comment Print

Bombay High Court held that reopening of assessment on the basis of change of opinion without reasons to indicate failure on the part of the petitioner to disclose truly and fully all the material facts is untenable in law.

Addition based on mere statement without independent finding is unsustainable

February 27, 2023 2238 Views 2 comments Print

ITAT Ahmedabad held that addition on the basis of statement of director without independent finding given by the Assessing Officer is unsustainable in law.

Discharge of automobile cess effaces coverage of rule 6 of CCR, 2004

February 27, 2023 810 Views 0 comment Print

CESTAT Mumbai held that exemption from basic excise duty vis-à-vis discharge of automobile cess effaces coverage of rule 6 of CENVAT Credit Rules, 2004 (CCR, 2004).

Reopening of assessment without any new tangible material is unsustainable

February 27, 2023 1188 Views 0 comment Print

Bombay High Court held that assessment order was passed after post considering the submission from the assessee regarding deduction under section 80P. Hence, reopening of assessment in absence of any new tangible material is unsustainable in law.

Penalty u/s 112(a) & (b) of Customs Act based on retracted statement unsustainable

February 27, 2023 3309 Views 0 comment Print

CESTAT Kolkata held that imposition of penalty under section 112(a) & (b) of the Customs Act, 1962 on the basis of retracted statement and in absence of any independent corroborative evidence unsustainable in law.

Interest paid by Indian Branch to Head office is not taxable in India in terms of India-France DTAA

February 27, 2023 2067 Views 0 comment Print

ITAT Mumbai held that that the interest paid by the Indian branch-PE to the head office-GE is not taxable in India in terms of India-France DTAA.

Exemption u/s 11 doubtful as condition of advancement of any other object of general public utility not satisfied

February 27, 2023 987 Views 0 comment Print

ITAT Pune held that as assessee does not satisfy the condition of advancement of any other object of general public utility, its eligibility for benefit of exemption under section 11 of the Income Tax Act is doubtful.

Condonation based on totally vague & unspecific explanation not granted

February 27, 2023 1932 Views 0 comment Print

ITAT Kolkata held that condonation of delay of 927 days in filing of the appeal not granted as explanation available in the affidavit is totally vague and not specific. Further, assessee neither complied with a single notice nor submitted any details.

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