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Archive: June, 2023

Posts in June, 2023

Issue of notice u/s 148 against deceased assessee is null in the eyes of law

June 20, 2023 7029 Views 0 comment Print

ITAT Mumbai held that issuance of notice for re-opening of assessment under section 148 of the Income Tax Act against the deceased assessee is null in the eyes of law.

Changes in section 139(4) & 139(5) by Finance Act 2016 not retrospective

June 20, 2023 1557 Views 0 comment Print

Insightful analysis of the ITAT Mumbai ruling in the case of Qayum Ismail Mukaddam Vs CIT, where the applicability of changes in sec 139(4) & 139(5) by Finance Act 2016 is discussed.

ITAT Overturns Ex-Parte Order Due to Non-Adherence to Notice Service Preferences

June 20, 2023 1203 Views 0 comment Print

In Jayshree Kamleshkumar Patel vs ITO, ITAT Ahmedabad overturned an ex-parte order due to non-compliance with notice service preferences outlined in Form No. 35. 

CVD based on retail sale price in case of prepared glues and other prepared adhesives justified

June 20, 2023 642 Views 0 comment Print

CESTAT Chennai held that collection of CVD on basis of retail sale price in terms of Notification No. 49/2008-C.E.(N.T.) dated 24.12.2008 issued under Section 4A of the Central Excise Act, 1944 in case of prepared glues and other prepared adhesives justified.

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 6999 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

Disallowance u/s 40(a)(ia) on account of non-deduction of TDS restricted to 30%

June 20, 2023 2430 Views 0 comment Print

ITAT Ahmedabad held that post amendment to section 40(a)(ia) of the Income Tax Act, as introduced vide Finance (No.2) Act, disallowance on account of non-deduction of TDS is restriction to 30% of the expenditure as against 100%.

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 3693 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

ITAT allows interest expense liability provision

June 20, 2023 882 Views 0 comment Print

An overview of the ITAT Mumbai ruling in Hitesh Shantilal Mehta Vs DCIT, where the Tribunal deleted an addition by disallowance of interest expenses accrued from investments in shares and securities

Pre-Deposit Appeal: Delhi High Court Dismisses Plea for Waiver

June 20, 2023 966 Views 0 comment Print

Delhi High Court’s ruling on Classic Decorators’ appeal for a pre-deposit waiver against a limitation-barred service tax demand order

Personal Guarantors under Insolvency and Bankruptcy Code, 2016

June 20, 2023 2430 Views 0 comment Print

The objective of this paper is to analyze the developments related to the insolvency of personal guarantors to corporate debtors under the Insolvency and Bankruptcy Code, 2016.

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