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Archive: 21 October 2023

Posts in 21 October 2023

No Penalty for Scrap Goods Cleared Without Further Manufacturing Process After Paying Duty Equivalent to CENVAT Credit Taken

October 21, 2023 354 Views 0 comment Print

CESTAT Chennai’s ruling in Balmer Lawrie & Co. vs. Commissioner of GST & Central Excise: Central excise duty on metal containers returned as scrap analyzed. No penalty levied.

Non-Inheriting Son cannot be a Legal Representative in Income Tax Proceedings

October 21, 2023 507 Views 0 comment Print

In Javed Karimkhan Patel vs. ITO, ITAT Pune rules that a son, who did not inherit estate of deceased assessee, cannot be a legal representative in income tax proceedings.

Rejection of declared value based on NIDB data on similar goods unsustainable

October 21, 2023 675 Views 0 comment Print

CESTAT Kolkata held that rejection of declared value based on NIDB data on similar goods unsustainable. Accordingly, differential duty demand and imposition of penalty thereon is unsustainable.

NRI’s Foreign Bank Interest Not Taxable in India: ITAT Delhi

October 21, 2023 1059 Views 0 comment Print

In a case involving Anand Persad Jaiswal, ITAT Delhi ruled that interest income earned by a non-resident Indian (NRI) from a foreign bank is not taxable in India under section 5(2) of the Income Tax Act.

ITAT Denies Exemption u/s 10(38) for Sham Transaction with Paper Companies

October 21, 2023 2361 Views 0 comment Print

In the Archana Rajendra Malu vs. ITO case, ITAT Pune upheld the denial of tax exemption under Section 10(38) of the Income Tax Act due to sham transactions with paper companies.

HRA Exemption Denied, Remitted for Reconsideration by ITAT Bangalore

October 21, 2023 1476 Views 0 comment Print

In the Ravindra R.V. vs. DCIT case, ITAT Bangalore remits the denial of HRA exemption under Section 10(13A) back to the AO for reconsideration due to lack of salary breakup.

Rejection of application for fixation of special rate to new industrial units set up in North-Eastern States unjustified

October 21, 2023 933 Views 0 comment Print

CESTAT Kolkata held that rejection of application for fixation of special rate under notification no. 32/99-CE and notification no. 31/2008-CE to new industrial units set up in North-Eastern States is incorrect and are in violation of law.

Revisionary order u/s 263 without giving finding that profit declared is erroneous is untenable

October 21, 2023 450 Views 0 comment Print

ITAT Mumbai held that order passed u/s 263 of the Income Tax Act by merely remitting the matter back to AO without giving a finding that profit declared by assessee is erroneous in so far as it is prejudicial to the interest of the revenue is liable to be set-aside.

HC Sets Aside GST Registration Cancellation order for Lack of Reason

October 21, 2023 1989 Views 0 comment Print

Delhi High Court nullifies a GST registration cancellation order issued without disclosing a specific reason, upholding principles of natural justice.

AO not considered Unsigned Reply: ITAT Directs Re-adjudication

October 21, 2023 603 Views 0 comment Print

In the Sonam Rajesh Rateria vs. ITO case, ITAT orders re-adjudication due to non-consideration of the Assessee’s unsigned reply to a notice under section 147.

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