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Archive: May, 2023

Posts in May, 2023

Addition of GST not paid on or before ITR due date when client not paid dues

May 13, 2023 10011 Views 0 comment Print

Explore the challenges of AI-driven tax processing, focusing on the controversial addition under section 143(1)(a) of the Income Tax Act for GST not deposited by the due date. Understand the implications and potential issues arising from automated systems.

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1863 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

Dept not permitted to file Revision Application under Section 35EE of Central Excise Act

May 13, 2023 1248 Views 0 comment Print

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai) The provisions regarding filing of appeals before the Tribunal are governed under the provisions of Section 86 of the Finance Act, 1994. Sub-section (1) ibid provides for filing of the appeal by an assessee before the Tribunal. The first proviso appended to sub-section […]

HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

May 13, 2023 1656 Views 0 comment Print

Madras High Court considers withdrawal of customs duty exemption for Apollo Hospitals’ imported medical equipment. Analysis of compliance with Notification No.64/88.

Karnataka High Court quashes Rs 21,000 crore SCN to Gameskraft Ltd

May 13, 2023 15153 Views 0 comment Print

Gameskraft Technologies Private Limited Vs Directorate General of Goods Services Tax Intelligence (Karnataka High Court) HC held that There is a distinct difference between games of skill and games of chance; games such as rummy, etc. as was discussed in several decisions above and particularized in the Division Bench decision of this Court in All India […]

Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

May 13, 2023 23751 Views 0 comment Print

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]

No section 271(1)(c) penalty if Notice not contains Specific Charge

May 13, 2023 1539 Views 0 comment Print

M.A. Projects Private Limited Vs ACIT (ITAT Delhi) ITAT  note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. In this regard, we refer to Hon’ble Bombay High Court (Full Bench at Goa) in the […]

Jute Cess payable only when goods are removed from factory

May 13, 2023 570 Views 0 comment Print

Jute Cess will be payable only when the goods are removed from the factory and hence the demands made in all three Orders are not sustainable.

Section 263 can be invoked if no specific inquiry by AO against CBS expenses

May 13, 2023 705 Views 0 comment Print

State Bank of India Vs PCIT-2 (ITAT Mumbai) ITAT note that the AO during the assessment proceedings had requested the assessee to furnish explanation in respect of such items of expenses and receipt appearing in the trading accounts and profit and loss accounts (either by way of excess or reduction) in comparison to last year. […]

Assessment Order passed without due opportunity to Legal Heirs- HC remands matter back to AO

May 13, 2023 975 Views 0 comment Print

No ample opportunity was given to the legal heirs of the deceased assessee. Therefore, this Court is of the view that the order impugned in the writ petition is liable to be set aside and the matter should be remitted back to the original authority for affording due opportunity to the legal heirs of the original assessee to put forth their case.

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