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Archive: 21 June 2023

Posts in 21 June 2023

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 2085 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

Competent authority bound to re-assess basic tax rate post change in nature of land

June 21, 2023 846 Views 0 comment Print

Kerala High Court held that as the nature of the land of the petitioner has been permitted to be changed pursuant to passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land

Demand of property tax without assessment of property is untenable

June 21, 2023 1716 Views 0 comment Print

Kerala High Court held that there cannot be an automatic demand for property tax without fixing the tax payable in accordance with the procedure provided in the Act and the Rules. Accordingly, demand of property tax without assessment of the property is untenable in law.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 819 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Order set aside in absence of any notice prior to passing re-assessment order u/s 137B of Chennai City Municipal Corporation Act

June 21, 2023 609 Views 0 comment Print

Madras High Court set aside the orders calling upon the petitioner to remit arrears of property tax as no notice was issued prior to passing order of re-assessment under section 137B of the Chennai City Municipal Corporation Act.

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

June 21, 2023 2472 Views 0 comment Print

ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit under the DTAA. Accordingly, benefit of India-Mauritius DTAA duly available.

ITAT Deletes Addition for cash deposits as assessee duly explained source

June 21, 2023 1713 Views 0 comment Print

ITAT noted that the explanations provided by the assessee concerning the withdrawals, deposits, and utilization of cash over time were satisfactory. The Tribunal acknowledged the Indian socio-economic constructs where holding cash, especially in rural society, is common.

Preserving Heritage & Enhancing Trade Facilitation Efforts: CBIC Chairman

June 21, 2023 624 Views 0 comment Print

Explore the initiatives of the Government of India, including the preservation of heritage and the enhancement of trade facilitation efforts. Learn about the National Time Release Study (NTRS) 2023, Mumbai Customs Zone II’s export encouragement vision, and the success of Delhi Air Customs in intercepting smuggled gold.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1542 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

RBI Framework for Compromise Settlements & Technical Write-offs – FAQs

June 21, 2023 2349 Views 0 comment Print

Delve into the RBI’s 2023 Circular highlighting regulatory guidelines on compromise settlements with wilful defaulters and fraudulent borrowers, along with technical write-offs. Uncover what it means for lenders and borrowers

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