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Archive: 26 November 2023

Posts in 26 November 2023

Extended period not invocable as Service Tax was paid by Principal on behalf of agent

November 26, 2023 405 Views 0 comment Print

In case of Channel Management and Marketing vs. Commissioner of Central Excise, CESTAT Chandigarh asserts that extended period cannot be invoked as principal paid service tax on behalf of agent.

Failure to Consider GST Portal Details & Returns Bars Initiation of Demand Proceedings: Allahabad HC

November 26, 2023 1029 Views 0 comment Print

Know complexities of GST regime with Rama Brick Field vs. Additional Commissioner case. Allahabad HC highlights failure to consider GST portal details & returns bars initiation of demand proceedings.

Demurrage charges not to be considered in customs valuation: CESTAT

November 26, 2023 1293 Views 0 comment Print

Sanghi Industries Ltd Vs C.C. (CESTAT Ahmedabad): Demurrage charges not includable in custom valuation of imported goods for purpose of charging custom duty.

Point of Taxation Rules, 2011 Not Applicable when Service Rendered & Invoice Issued Before Introduction

November 26, 2023 258 Views 0 comment Print

CESTAT emphasized that Point of Taxation Rules are not applicable when service is provided, and invoice is issued before introduction of POT rules.

No addition on mere doubt – Cash deposit against cash accumulated from declared income

November 26, 2023 1971 Views 0 comment Print

ITAT Delhi allows senior citizen’s appeal against Rs. 9 lakh addition under Section 69A. Assessing Officer failed to prove misuse of accumulated cash. Read the full order.

CESTAT Quashes Penalty on CHA in Red Sander Goods Illegal Export Case Due to Lack of Direct Involvement

November 26, 2023 414 Views 0 comment Print

CESTAT quashes penalty on MSK Shipping & Logistics for illegal export of red sander goods. Delve into the legal implications of this case.

Disruption in video conference hearing: Delhi HC Sets Aside Assessment Orders

November 26, 2023 417 Views 0 comment Print

Delhi High Court decision on Subodh Gupta vs ACIT. Disruption in video conference hearing leads to setting aside assessment orders. Fresh hearings directed.

Addition without considering Submission of Assessee: ITAT directs CIT(A) to re-adjudicate

November 26, 2023 468 Views 0 comment Print

ITAT directed the CIT(A) to re-examine the matter, taking into account the written submission filed by the assessee during e-proceedings. The ITAT emphasized the importance of affording the assessee a fair opportunity to substantiate its claims with supporting evidence.

Section 14A r.w.r. 8D: Disallowance cannot exceed exempted income

November 26, 2023 561 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in the case of DCIT vs. Amazon Textiles Pvt. Ltd., addressing disallowance under Section 14A, Rule 8D of the Income Tax Act.

Section 144C(3) r.w.s. 144C(4) Mandate AO to Conclude Assessment within One Month if Assessee Accepts Draft Order or Fails to File Objection

November 26, 2023 3003 Views 0 comment Print

Dilipkumar Jashbai Patel Vs ACIT (ITAT Ahmedabad)- Section 144C(3) r.w.s. 144C(4) Mandate AO to Conclude Assessment within One Month if Assessee Accepts Draft Order or Fails to File Objection

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