"05 March 2023" Archive

No addition for duly explained Cash Deposits during Demonetization

R. Raju Vs ITO (ITAT Chennai)

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 ...

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

GE Power India Limited Vs Union of India & Ors (Calcutta High Court)

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 [&helli...

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

Cuttack Central Co-operative Bank Ltd Vs ACIT (Orissa High Court)

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 [&h...

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

Cosmopolis Constructions Vs ACIT (ITAT Pune)

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, [&...

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

D. Murali Mohan Patanaik Vs Secretary to Government of Odisha (Orissa High Court)

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. […]...

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

Umaxe Projects Pvt. Ltd Vs ACIT (ITAT Delhi)

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

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

Ambey Mining Pvt. Ltd Vs Commissioner of State Tax (Jharkhand High Court)

Ambey Mining Pvt. Ltd Vs Commissioner of State Tax (Jharkhand High Court) Learned counsel for the petitioner Mr. Kartik Kurmy submits that the impugned show-cause notice dated 16.09.2022 along with Summary of Show-Cause Notice in Form GST-DRC-01 of the same date (Annexure-1) issued by the Respondent No. 3 under Section 73(1) of JGST Act, ...

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Service tax not imposable on Manufacturing of Excisable Goods

Gujarat Insecticides Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

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 [...

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

Chiron Behring Veccines Private Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad)

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 [&hellip...

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

Manish Gupta Proprietor of WLM India Vs Commissioner of Customs (Delhi High Court)

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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