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Archive: 27 June 2023

Posts in 27 June 2023

Benefit under SVLDRS is not eligible where investigation is conducted prior to 30.06.2019

June 27, 2023 426 Views 0 comment Print

Madras High Court held that cases, wherein, investigation/ audit should have been conducted prior to 30.06.2019 the benefit under Sabkha Vishwas (Legacy Dispute Resolution) Scheme, 2019 [SVLDRS] is not available.

Karnataka HC dismisses Petition to declare Section 16(4) of CGST/SGST Act as Unconstitutional

June 27, 2023 2085 Views 0 comment Print

The Karnataka High Court has dismissed the writ petition seeking a declaration that Section 16(4) of the CGST/SGST Act 2017 is unconstitutional. Petitioner granted liberty to challenge the respondent’s order in separate proceedings.

Section 115BBE doesn’t apply when matter doesn’t involve section 68, 69, 69A, 69B, 69C & 69D

June 27, 2023 852 Views 0 comment Print

ITAT Mumbai held that addition u/s 115BBE of the Income Tax Act unsustainable as present case doesn’t involve invocation of any of the sections i.e. section 68, 69, 69A, 69B, 69C & 69D of the Income Tax Act.

Income cannot be held to be suppressed merely because service tax return was mistakenly filed

June 27, 2023 792 Views 0 comment Print

ITAT Delhi held that difference between service tax return and the revenue was occurred due to the wrong exchange rate applied to export income transaction while filing the service tax return. Hence, mere mistake in the service tax return does not mean that the income of the assessee has been suppressed.

Calcutta HC Orders Release of Detained Tea Consignment Amid Investigation of Bogus E-Way Bill

June 27, 2023 408 Views 0 comment Print

Calcutta High Court has directed authorities to release a tea consignment that was detained due to suspicions regarding a bogus E-Way Bill. The case entailed a mix-up with smuggled poppy seeds mislabeled as Ramdana seeds.

Appeal order not maintainable for violation of section 249(4) due to non-payment of admitted tax

June 27, 2023 1734 Views 0 comment Print

ITAT Amritsar held that the appeal order caused not maintainable for violation of section 249(4) of the Income Tax Act for non-payment of admitted tax. Accordingly, the appeal order u/s 250 is caused nullity which will be not maintainable before the Tribunal.

Addition towards trading in penny stock sustained for lack of assistance during appeal proceedings

June 27, 2023 507 Views 0 comment Print

ITAT Ahmedabad sustained the addition on account of trading in penny stock of shell company as assessee failed to attain personal hearing inspite of various occasion.

Additions based on evidence not confronted to assessee are invalid

June 27, 2023 678 Views 0 comment Print

A detailed review of ITAT Delhi’s decision in the Dr. Shyam Sunder Doda Vs ACIT case, underscoring the importance of confronting evidence to the assessee before making any tax additions.

CESTAT allows remission of duty on goods destroyed in a fire incident

June 27, 2023 723 Views 0 comment Print

CESTAT Ahmedabad grants relief to Sun Pharmaceuticals, allowing the remission of duty application on goods destroyed in a fire incident.

Delhi HC Quashes Section 148A(d) Order as allegation in notice was misplaced

June 27, 2023 2682 Views 1 comment Print

Delhi High Court quashes IT order under Section 148A(d) against Krishna Diagnostic, highlighting errors in property transaction allegations.

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