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Archive: 25 April 2023

Posts in 25 April 2023

GST Registration cancellation: HC allows petitioner to apply for revocation

April 25, 2023 3951 Views 0 comment Print

Explore the Gujarat High Court judgment on GST registration cancellation revocation. Notification No. 3/2023 benefits Allyssum Infra in challenging the order.

CIT(A) cannot consider additional evidence without calling remand report from AO

April 25, 2023 1713 Views 0 comment Print

CIT (A) on the basis of certain documents filed by assessee deleted addition without calling for any remand report from AO or without giving any opportunity to AAO to verify documents.

Demands raised under wrong category of services: CESTAT remand matter back to AA

April 25, 2023 450 Views 0 comment Print

CESTAT find that Appellant claims that most of demands have been raised under the wrong category of services hence not sustainable.

Interest on Delayed TDS Payment allowable under section 37(1)

April 25, 2023 1218 Views 0 comment Print

ITAT held that interest paid on late payment of TDS is compensatory in nature and is an allowable deduction under section 37(1) of the Act.

Cross examination cannot be denied stating that no purpose will be achieved

April 25, 2023 747 Views 0 comment Print

Noticee has a right to get copies of documents. Department has to record reasons for denying request for cross examination. Cross examination cannot be denied stating that no purpose will be achieved.

Adjudicating Authority cannot go beyond the Scope of SCN: CESTAT

April 25, 2023 2025 Views 0 comment Print

Original authority confirmed a higher amount on grounds which are not alleged in SCN and has thus traversed beyond SCN is not without substance

CIRP already passed: CESTAT disposes appeal as per NCLT directions

April 25, 2023 681 Views 0 comment Print

Ruchi Soya Industries Limited Vs Principal Commissioner of GST & Central Excise (CESTAT Chennai) Ld. Counsel Shri Vishal Sundar submitted that Corporate Insolvency Resolution Process (CIRP) was initiated in respect of the appellant under the provisions of the Insolvency and Bankruptcy Code, 2016 by order of the National Company Law Tribunal, Mumbai (NCLT) dt. 08.12.2017 […]

Section 271(1)(c) Penalty not sustainable if notice is vague & ambiguous 

April 25, 2023 1230 Views 0 comment Print

ITAT held that when the notices issued by the AO are bad in law being vague and ambiguous having not specified under which limb of section 271(1)(c) of the Act, the penalty proceedings initiated u/s 271(1)(c) are not sustainable.

Jurisdiction of ITAT Bench shall be determined by location of AO

April 25, 2023 2190 Views 0 comment Print

Jurisdiction of ITAT Bench which can decide appeal is to be determined by location of Assessing Officer. Since, location of AO in instant proceeding is at Mumbai, the appeals, should have been filed before Mumbai Benches and not in Delhi Benches.

TDS deductible on interest payment by Co-Op bank to Minors & Unregistered Firms

April 25, 2023 531 Views 0 comment Print

In the case of the assessee, it is an admitted fact that minors and unregistered firms cannot become members of the society. Thus, assessee had paid interest to minor and unregistered firms who were not members of the assessee. This is violation of section 194A of the Act.

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