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Archive: 02 September 2023

Posts in 02 September 2023

Invocation of provisions of section 263 without satisfying twin condition is unsustainable

September 2, 2023 411 Views 0 comment Print

ITAT Mumbai held that invocation of provisions of section 263 of the Income Tax Act without satisfying the twin condition i.e. erroneous and prejudicial to the interest of revenue not satisfied. Hence, order passed u/s 263 set aside.

Merely based on bill of landing origination of goods cannot be inferred

September 2, 2023 408 Views 0 comment Print

CESTAT Ahmedabad held that merely on the basis of the bill of lading it cannot be inferred that the goods were originated from China as certificate of origin of Malaysia not proved wrong or fake.

Section 128(1) of Customs Act, allows appeals against communication denying DFIA exemption

September 2, 2023 975 Views 0 comment Print

Learn about the K S Enterprises vs. Commissioner of Customs appeal regarding denial of DFIA exemption. CESTAT Ahmedabad’s decision and analysis.

Procedure for Release of Provisional Attachment under CGST Act

September 2, 2023 2949 Views 0 comment Print

Learn about procedure to release provisional property attachments under CGST Act & provisions of section 83(2). Find out details in advisory.

Assessment Under Sec. 143(3) Doesn’t Auto-Merge with 143(1) Intimation

September 2, 2023 10137 Views 0 comment Print

Mere completion of assessment under section 143(3) doesn’t automatically merge the intimation under section 143(1) with the assessment order

ITAT condones delay in filing of appeal due to mistake of consultant

September 2, 2023 1425 Views 0 comment Print

ITAT Ahmedabad condones Saraswati Trust’s late appeal due to consultant error, remands case for fresh consideration under Section 12A.

Writ not maintainable if alternative remedy of appeal filing not availed: Patna HC

September 2, 2023 1248 Views 0 comment Print

Narayani Industry Vs State of Bihar (Patna High Court) The esteemed Patna High Court, in the case of M/s. Narayani Industry v. State of Bihar [Civil Writ Jurisdiction No. 11333 of 2023 dated August 11, 2023], ruled that in instances where a statute prescribes a definite timeframe for the condonation of delay, the Appellate Authority […]

Circumstances which may invite Notice U/s Section 133(6) of Income Tax Act, 1961

September 2, 2023 5508 Views 0 comment Print

Explore circumstances triggering Notice U/s Section 133(6) of the Income Tax Act, 1961. Uncover how technology aids the Income Tax Department in identifying tax evasion, including cases of fake deductions, underreported income, unsecured loans, and scrutiny of financial transactions. Understand the importance of prompt response to notices and the potential penalties for non-compliance. Author CA. Shiv Kumar Sharma provides insights to help navigate through these situations.

ITAT directs AO to correct arithmetical error in Section 10AA deduction computation

September 2, 2023 708 Views 0 comment Print

ITAT Chennai ruled to correct an arithmetical error made during scrutiny assessment, directing the Assessing Officer to allow the full Section 10AA deduction.

Show cause notice should be adjudicated within a reasonable time

September 2, 2023 2847 Views 0 comment Print

Bombay High Court held that show cause notice should be adjudicated within a reasonable time and there should not be an egregious, unjustified and unexplained inordinate delay.

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