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Archive: 13 September 2023

Posts in 13 September 2023

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 1434 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

GST Proceedings u/s 129(1)(b) is bad when owner of goods comes forward to pay penalty

September 13, 2023 1782 Views 0 comment Print

Allahabad High Court held that proceedings under section 129(1)(b) of the Uttar Pradesh Goods and Services Tax Act, 2017 is bad when the owner of the goods comes forward to pay the penalty.

Allegation of undervaluation of imported goods based on retracted statements unsustainable

September 13, 2023 978 Views 0 comment Print

CESTAT Mumbai held that demand alleging undervaluation of imported goods merely on the basis of retracted statements without corroborative evidences is unsustainable in law.

Recovery mechanism of Rule 3(5B) of Cenvat Credit Rules is Effective from 01.03.2013

September 13, 2023 1263 Views 0 comment Print

Exploring the key details of the GKN Driveline (India) Ltd vs CCE case at CESTAT Chandigarh, and its impact on the reversal of Cenvat Credit under Rule 3(5B).

Duty Overpayment: No Discrepancy Found, Suo Moto Re-Credit Justified

September 13, 2023 669 Views 0 comment Print

Analyzing the CESTAT Ahmedabad ruling on Bayer Vapi Pvt Ltd. vs C.C.E. & S.T.-Daman case, focusing on Cenvat re-credit, suo moto reversal, and legal implications.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 1071 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Foreign Assignment Allowances for Overseas Services Not Taxable in India

September 13, 2023 1863 Views 0 comment Print

Understanding the ITAT Hyderabad decision in Durga Prasad Sana Vs ITO. Why foreign assignment allowances received outside India aren’t taxed in India.

Failure to Furnish Income Return Deemed as Concealment: Penalty Justified

September 13, 2023 1530 Views 0 comment Print

Analysis of ITAT Chennai decision on V.S.J. Marketing Pvt. Vs DCIT. ITAT upholds penalty for failure to furnish Return of Income as concealment of income.

HC directs exclusion of Period from 15.03.2020 to 28.02.2022 from limitation

September 13, 2023 1146 Views 0 comment Print

In the Alagu Kannan Vs Assistant Commissioner (ST)(FAC) case, Madras High Court sets a precedent for GST credit rectification, excluding a specific period from limitation. Learn more about this significant tax law development.

RBI Circular: PM Vishwakarma Scheme for Artisans

September 13, 2023 3498 Views 0 comment Print

Read RBI circular dated September 13, 2023, regarding ‘PM Vishwakarma Scheme,’ designed to empower artisans and craftspeople in India.

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