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Archive: September, 2023

Posts in September, 2023

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

September 2, 2023 12432 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 2355 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 1719 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 6489 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 1119 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 4029 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.

Manufacturing of tugs and barges cannot be classified under Manpower Recruitment or Supply Agency Service

September 2, 2023 552 Views 0 comment Print

CESTAT Ahmedabad held that activity of manufacturing of tugs and barges cannot be classified as supply of manpower and hence cannot be taxed under the category of Manpower Recruitment or Supply Agency Service.

Clarification order didn’t reasoned why Senquel-AD Mouthwash is not classifiable as medicament- HC directs re-adjudication

September 2, 2023 567 Views 0 comment Print

Kerala High Court held that clarification order accepts classification of Clohex and Clohex Plus as medicament, based on the fact that they were manufactured under a drug licence. However, there is no reason discernible from clarification order as to why Senquel-AD Mouthwash which is presented in a similar form cannot also be classified as a medicament.

Action against appellate authority order kept on hold till GSTAT is constituted

September 2, 2023 1350 Views 0 comment Print

Himachal Pradesh High Court allowed the writ petition and directed department not to act in furtherance of order passed by appellate authority till the time appellate tribunal in term of Section 109 of the Himachal Pradesh Goods and Services Tax Act, 2017 is constituted.

AO not empowered to withdraw or modify or substitute assessment order passed by him

September 2, 2023 2130 Views 0 comment Print

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently.

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