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Archive: June, 2023

Posts in June, 2023

Courier Agency, Exhibition, Insurance & Internet Services qualifies for Cenvat credit

June 8, 2023 669 Views 0 comment Print

CESTAT held that services such as Courier Agency, Exhibition, Insurance, Internet fall under Input Service, thus qualifies for Cenvat credit

Delhi HC Orders Re-Adjudication on Same-Day Notice & Reassessment Order

June 8, 2023 1026 Views 0 comment Print

In a recent judgment, the Delhi High Court set aside the order and notice issued under Section 148A(d) and 148, respectively, in the case of Premium Estates Pvt. Ltd. vs. ACIT. The court directed the Assessing Officer to conduct a de novo assessment after the petitioner received the notice on the same day as the order.

Reasoned outcome based on analysis of material prevails when two contradictory outcomes are delivered

June 8, 2023 921 Views 0 comment Print

Delhi High Court held that when two contradictory final outcomes is delivered vide two different orders, the reasoned outcome based on analysis of material prevails over outcome without an iota of reason.

Taxpayer Lethargy and Non-Compliance Attract Additional Costs: ITAT Mumbai

June 8, 2023 600 Views 0 comment Print

ITAT Mumbai’s recent decision in Anilkumar Champalal Jain Vs. ITO, where assessee’s lack of active engagement with tax authorities led to additional costs. Explore importance of taking tax obligations seriously and potential consequences of negligence.

Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 1029 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Duty demand not sustained as evidence reveals that appellant is an independent manufacturer

June 8, 2023 579 Views 0 comment Print

CESTAT Chennai held that differential duty demand unsustainable as invoices for purchase of raw materials and invoices for clearances of finished products indicate that the appellant is an independent manufacturer.

Claim of exemption of LTCG u/s 10(38) allowable as requisite conditions satisfied

June 8, 2023 3123 Views 0 comment Print

ITAT Cuttack held that claim of exemption of long term capital gains (LTCG), from sale of equity shares, under section 10(38) of Income Tax Act, 1961 allowable as requisite conditions satisfied.

ITAT Delhi invalidates reassessment made without recording the requisite reasons

June 8, 2023 648 Views 0 comment Print

In the landmark case of ACIT vs Kamal Kapoor, ITAT Delhi invalidates reassessment order for lack of thorough examination and due diligence

Section 271AAC Penalty not applicable if tax under section 115BBE is nil

June 8, 2023 8547 Views 0 comment Print

ITAT Hyderabad in case of Shri Vijay Kumar Reddy Vs ACIT held that section 271AAC penalty not applicable if tax under section 115BBE of Income Tax Act is nil

ITAT Chennai Exempts Dissolved Company from Income Tax Assessment Proceedings

June 8, 2023 1125 Views 0 comment Print

ITAT Chennai has ruled that a dissolved company is exempt from Income Tax Assessment proceedings. The judgement underscores the definitive end of a company’s existence post-dissolution, exempting it from any further legal proceedings.

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