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Archive: 04 September 2023

Posts in 04 September 2023

Addition during demonetization not sustained in absence of any abnormal trend of cash sales

September 4, 2023 834 Views 0 comment Print

Held that the cash sales and corresponding cash deposits have been a regular feature of the business of the assessee and there is certainly no abnormal trend of cash sales and cash deposit during the demonetization period. Accordingly, addition deleted.

Interest payment on cash loan covered u/s 69C as unexplained expenditure

September 4, 2023 777 Views 0 comment Print

Held that payment of interest on cash loan falls within the ambit of unexplained expenditure within the meaning of Section 69C of the Income Tax Act.

Penalty u/s 114 imposable on CHA who abetted or facilitated illegal attempted export of prohibited goods

September 4, 2023 831 Views 0 comment Print

CESTAT Chennai held that penalty u/s 114(i) of the Customs Act, 1962 imposable as CHA has abetted or facilitated, may be deliberate or negligent, an illegal attempted export of prohibited goods i.e. Red Sanders wood pillars and tops.

Activity of loading, unloading of goods at port taxable under Cargo Handling Service

September 4, 2023 651 Views 0 comment Print

CESTAT Ahmedabad held that as the service charges are based on metric tons of the goods handled and not on the basis of wages of laborers deployed for the job, the activity of the loading, unloading of goods at port, cutting of bags, spreading of zola, cleaning of jetty is classified under Cargo Handling Service.

Reopening of assessment without tangible material is invalid

September 4, 2023 960 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment u/s. 147 of the Income Tax Act after four years without any tangible material amounts to change of opinion and according the same is invalid and liable to be quashed.

CESTAT, Mumbai lambasts Revenue for not depicting correct factual position

September 4, 2023 330 Views 0 comment Print

CESTAT Mumbai dismisses Revenue’s application for review against DHL Lemuir Logistics, criticizes incorrect factual representation.

H.P. VAT: HC can exercise revisional jurisdiction against orders passed by Tax Tribunal either under Section 45(2) or 46(3)

September 4, 2023 561 Views 0 comment Print

High Court can exercise revisional jurisdiction under Section 48 only against orders passed by Tax Tribunal either under Section 45(2) or 46(3) of H.P. VAT Act.

Addition for Gains on Land Transfer Related to Sold Villas: ITAT Directs Re-adjudication

September 4, 2023 222 Views 0 comment Print

Explore critical judgment of ITAT Hyderabad in DCIT Vs Vessella Constructions concerning revenue recognition and sale of villas. Gain in-depth insights.

ITAT imposes Rs. 2,000 Cost for Non-Cooperation in Penalty Appeal

September 4, 2023 222 Views 0 comment Print

Analyzing the recent ITAT Jaipur ruling on Safiq Ahmad Vs ITO. Assessee penalized for failing to cooperate in penalty proceedings under Sections 271B & 271(1)(c) of the Act.

Memorandum of Compromise signed by a resigned director is invalid: NCLAT

September 4, 2023 405 Views 0 comment Print

Detailed analysis of NCLAT Chennai’s ruling in K Parthiban Rasu Vs Umiya Development Centre India Pvt. Ltd. & SBI case. Learn how it impacts insolvency law.

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