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Archive: 05 March 2023

Posts in 05 March 2023

No addition for duly explained Cash Deposits during Demonetization

March 5, 2023 3660 Views 0 comment Print

R. Raju Vs ITO (ITAT Chennai) The assessee has explained cash deposits made during the demonetization period out of amount received from maturity of fixed deposits in SBI and Canara Bank. The assessee had also furnished necessary evidence before the AO and argued that, he had received a sum of Rs. 10,29,337/-towards maturity of insurance […]

Assessee eligible for SVLDR if at SCN stage no fresh adjudication order after order of remand by appellate authority 

March 5, 2023 1389 Views 0 comment Print

GE Power India Limited Vs Union of India & Ors (Calcutta High Court) HC held that impugned orders dated 12th February, 2020 rejecting the petitioner’s applications under the SVLDRS 2019, are arbitrary, invalid, perverse and not tenable in the eye of law for the following reasons: (i) On the date of filing of the applications […]

Section 80P(4) deduction allowable to Co-Op Society involved in Banking Business

March 5, 2023 2190 Views 1 comment Print

Cuttack Central Co-operative Bank Ltd Vs ACIT (Orissa High Court) ITAT held that Appellant-Assessee would be entitled to the benefit of the deduction under Section 80P(4) of the Act since it is a Cooperative Society involved in the business of banking. FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. While admitting the present […]

No addition of Notional annual rental value on unsold flats held as stock-in-trade

March 5, 2023 1539 Views 0 comment Print

Cosmopolis Constructions Vs ACIT (ITAT Pune) ITAT held that no addition is maintainable on account of deemed rent on unsold flats which were treated as stock-in-trade by the assessee. FULL TEXT OF THE ORDER OF ITAT PUNE This appeal by the assessee against the order dated 04-02-2022 passed by the Commissioner of Income Tax (Appeals)-11, […]

HC not accepted plea against GST demand already paid in full without any protest

March 5, 2023 1671 Views 0 comment Print

D. Murali Mohan Patanaik Vs Secretary to Government of Odisha (Orissa High Court) Under Rule 142 (1A) and (2A) of the OGST Rules, it is open to a person against whom a demand is raised to make a ‘partial payment’ and also to ‘file any submissions against the proposed liability’ in Part-B of Form-GST DRC-01A. […]

No Section 234B & 234C Interest, if entire income was subject to TDS

March 5, 2023 4377 Views 0 comment Print

ITAT held that Interest under section 234B and 234C not chargeable, if entire income of the assessee was subjected to TDS.

SCN for demand without jurisdiction as appellate authority ruled in favour of appellant & dept not appealed further

March 5, 2023 1389 Views 0 comment Print

Ambey Mining challenges jurisdiction of two GST notices for the same period already adjudicated. High Court stay granted.

Service tax not imposable on Manufacturing of Excisable Goods

March 5, 2023 1623 Views 0 comment Print

Gujarat Insecticides Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that activity of the appellant is indeed manufacture of excisable goods in terms of section 2(f) of CEA, 1944. As per the definition of business auxiliary service manufacture of excisable goods in terms of section 2(f) of the Central Excise Act, 1944 is clearly […]

Demand for extended period not sustainable when entire service tax with interest paid before issue of SCN

March 5, 2023 1389 Views 0 comment Print

Chiron Behring Veccines Private Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the appellant have made a submission about limitation and sought benefit of section 73 (3) and Section 80 of the Finance Act, 1994. As regard the limitation we find that the issue about taxability on reverse charge basis in respect of […]

HC upheld penalty for illegal export of Red Sandalwood/Red Sanders

March 5, 2023 1167 Views 0 comment Print

HC found no infirmity with decision of Adjudicating Authority and its findings that certain parties were involved in illegal export of Red Sandalwood/Red Sanders

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