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Archive: March, 2023

Posts in March, 2023

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

March 1, 2023 1623 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 2016 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 2832 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 2055 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 804 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 3111 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 3177 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 1545 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.

RBI increases Fees for Bank audit from FY 2022-23

March 1, 2023 233336 Views 0 comment Print

RBI increases remuneration payable to Statutory Central Auditors (SCAs) & Branch Auditors (SBAs) of Nationalised Banks (NBs) from FY 2022-23

SOP for Cancellation of GST Registration & Repository of Non-genuine Taxpayers

March 1, 2023 50601 Views 0 comment Print

Non-genuine taxpayer is the one who issues invoice under GST Act without actual supply of goods or services to pass on inadmissible tax credit of ITC to the claimant.

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