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Archive: August, 2023

Posts in August, 2023

Section 254(2): ITAT cannot rectify any mistake not apparent from record

August 25, 2023 2730 Views 0 comment Print

Dive deep into case of DCIT Vs Suman Solanki, as ITAT Jaipur discusses its authority to rectify mistakes, amendments from Finance Act, 2021, and interpretation of Section 254(2).

Interest on Pre-deposit Refund payable after 3 Months from Tribunal Order

August 25, 2023 2835 Views 0 comment Print

CESTAT Ahmedabad held that appellant are entitled for the interest from the 3 months of the order of the tribunal till the refund of pre-deposit was granted.

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 666 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Delay in filing appeal beyond extended period of 30 days not condonable

August 25, 2023 5850 Views 0 comment Print

CESTAT Allahabad held that any delay in filing of an appeal beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned

Cash Credit Addition Deletion by CIT(A) without Verification is Unjustified

August 25, 2023 864 Views 0 comment Print

ITAT Delhi held that addition of cash credits in various bank accounts deleted by CIT(A) without verifying the persons/firm/Companies from whom the alleged amount has been credited is bad-in-law. Accordingly, matter resorted to the file of AO.

Addition u/s 69B based on incriminating material found during search action sustained

August 25, 2023 3006 Views 0 comment Print

ITAT Mumbai held that addition under section 69B of the Income Tax Act towards unexplained investment sustained excel sheet and whatsapp chat are incriminating material found and seized during the course of search action.

Customs dues do not impact the rights of secured creditors

August 25, 2023 972 Views 0 comment Print

High Court and held that the position in law was that the debt ‘due and payable’, when falls within the four corners of clause (a) to Section 530(1) of the Companies Act, would be treated as preferential payment, but it would not override and be given preference over the payments of overriding preferential creditors covered under Section 529A of the Companies Act.

No Writ Remedy if assessee defaults in Law compliance & not-cooperated in proceeding

August 25, 2023 1213 Views 0 comment Print

Exploring the case of Karmaxx Infotech vs. Assistant Commissioner (ST) in the Madras High Court about GST registration cancellation and legal compliance.

Rule 96(10) of CGST Rules, 2017: 360° Analysis Boon for Exporters

August 25, 2023 54166 Views 2 comments Print

Exports are a crucial component of economic growth and development of any country. They are catalyst in expansion of markets, diversify their economies, improve their balance of trade, and promote international cooperation. As such, countries that invest in developing their export capacity are likely to reap significant benefits in terms of economic growth and prosperity.

Digital Economy and Cracking Taxation Puzzle

August 25, 2023 1209 Views 0 comment Print

In recent events, residences and establishments of prominent YouTubers and content creators in Kerala, including actress Pearle Maaney, were subjected to raids by Income Tax (IT) division.

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