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Archive: 01 March 2023

Posts in 01 March 2023

Conditions u/s 45 of PMLA applies to anticipatory bail application u/s 438 Cr. P.C.

March 1, 2023 4269 Views 0 comment Print

Supreme Court of India held that conditions under Section 45 Prevention of Money Laundering Act, 2002 (PMLA) is applicable to Anticipatory Bail application under section 438 of The Code of Criminal Procedure, 1973.

Date of allotment letter for stamp duty valuation should be considered for section 56(2)(x)

March 1, 2023 3504 Views 0 comment Print

ITAT Mumbai held that stamp duty valuation as on the date of allotment letters, and not the date of execution of agreement to sell, should be considered for the purpose of section 56(2)(x) of the Income Tax Act.

Difference of more than 1½ year between date of assessment order & dispatch date is unjustified

March 1, 2023 1182 Views 0 comment Print

Madras High Court held that there is difference of more than 1 ½ year between the date of the assessment order and date of dispatch of the assessment order. Further, order was passed without granting of personal hearing. Such impugned order is liable to be quashed.

Penalty u/s 271(1)(c) not imposable for application of section 50C of Income Tax Act

March 1, 2023 1440 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act cannot be imposed on the basis of legal fiction of section 50C of the Income Tax Act.

Not intentional or mala fide delay in filing of an appeal is condonable

March 1, 2023 2202 Views 0 comment Print

ITAT Amritsar held that appellant being a government undertaking is required to take necessary permission for filing of an appeal from its head office. Delay in getting the permission resulted into delay in filing of an appeal. Such not intentional or mala fide delay should be condoned.

Reopening of assessment unsustainable in absence of any failure on part of assessee

March 1, 2023 1554 Views 0 comment Print

Bombay High Court held that failure on the part of the assessee is a prerequisite for invoking jurisdiction for reopening of assessment. In absence of the same, reopening of assessment is unsustainable and liable to be set aside.

Granting of personal hearing during complete lockdown is equal to non-granting of effective hearing

March 1, 2023 546 Views 0 comment Print

Gujarat High Court held that personal hearing was granted during the time of complete lockdown. Accordingly, non-granting of effective hearing is gross violation of natural justice and hence impugned order is liable to be quashed.

Granting personal hearing before submission of reply is against principles of natural justice

March 1, 2023 1896 Views 0 comment Print

Madras High Court held that impugned order was passed after granting of personal hearing, however, personal hearing was granted before replies were received from the assessee is liable to be quashed on the grounds of principles of natural justice.

Anti-dumping duty not payable on import of Aluminium Alloy Coils

March 1, 2023 1758 Views 0 comment Print

CESTAT Delhi held that as the goods is question are Aluminium Alloy Coils are exempted from the Anti-Dumping Duty as per clause (vii) of notification no. 23/2017-Cus (ADD) dated 16.05.2017

Assessment order passed without affording personal hearing is liable to be quashed

March 1, 2023 1194 Views 0 comment Print

Madras High Court held that it is seen from the impugned assessment order that no personal hearing has been afforded to the petitioner. Accordingly, the impugned assessment order is quashed on the ground of violation of principles of natural justice.

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