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Archive: July, 2023

Posts in July, 2023

Confiscation of Gold Bars & Penalty based on Retracted Statements Unsustainable

July 21, 2023 2418 Views 0 comment Print

CESTAT Kolkata held that confiscation of gold bars and imposition of penalty thereon on the basis of retracted statements without proving that the gold bars are smuggled in nature is unsustainable.

Classification of Flexible Intermediate Bulk Containers – CESTAT Remanded Matter

July 21, 2023 1029 Views 0 comment Print

CESTAT Ahmedabad remanded the matter for reconsideration in case of classification of goods i.e. Flexible Intermediate Bulk Containers under HSN code 63053200 or under 39231090.

Bail application rejected since twin condition u/s 45 of PMLA not qualified

July 21, 2023 843 Views 0 comment Print

Held that the petitioner is required to cross the bar of twin conditions as laid down under Section 45 of PMLA to be released on bail. In absence of the same, application stands dismissed.

Land Sale Case – ITAT Restores Smt Ganigara Rekha Venugopal Vs ACIT Case to AO

July 21, 2023 492 Views 0 comment Print

Examination of the recent ITAT order in the case of Smt Ganigara Rekha Venugopal Vs ACIT, regarding the claim of deduction under the Income from Other Sources, providing an in-depth analysis of the facts and rulings.

Physician samples to be value as per rule 4 of Central Excise Valuation Rules, 2000

July 21, 2023 783 Views 0 comment Print

CESTAT Bangalore held that value of free physician samples should be done as per rule 4 of the Central Excise Valuation Rules, 2000. Valuation under rule 8 of the 2000 Rules by adding 15% profit to the cost of manufacture not acceptable.

Jharkhand HC Grants Bail on Money Laundering Case Due to Insufficient Evidence

July 21, 2023 861 Views 0 comment Print

Explore the recent Jharkhand High Court verdict on a money laundering case, Gopal Oraon Vs Union of India. Discover the court’s perspective on the lack of material evidence leading to the grant of bail.

Amount surrendered under unrecorded stock taxable as business income

July 21, 2023 1524 Views 0 comment Print

ITAT Pune held that that the amount surrendered under unrecorded stock has to be brought to tax under the head “business income” and no provision u/s. 115BBE of the Income Tax Act is attracted.

Adjustment of notional interest unsustainable as credit period extended to even non-associated enterprises without interest

July 21, 2023 1014 Views 0 comment Print

ITAT Mumbai held that adjustment of notional interest for extended credit period to the associated enterprises unsustainable as assessee extended credit period to its non-associated enterprises without charging any interest.

Delay in filing of tax audit report due to technical breach without mala fide intention doesn’t attract 271B penalty

July 21, 2023 2664 Views 0 comment Print

ITAT Chennai held that delay in filing of tax audit report due to dispute between the directors of the assessee company is just a technical breach without any malafide intention. Hence, penalty u/s 271B not leviable.

Penalty u/s 271B not leviable for venial technical breach without mala fide intention

July 21, 2023 1218 Views 0 comment Print

ITAT Chennai held that penalty under section 271B of the Income Tax Act cannot be levied for venial technical breach without any mala fide intention of the assessee as tax audit report submitted before completion of assessment proceedings.

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