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Archive: 30 November 2023

Posts in 30 November 2023

Addition u/s 68 towards unexplained cash credit based on presumptions & conjectures unsustainable

November 30, 2023 3630 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unsustainable as the addition was made by AO on the basis of presumptions and conjectures and without conducting any independent investigation.

Customs Duty Exemption  on ‘Boron Ore’ import: CESTAT directs de-novo adjudication

November 30, 2023 285 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on ‘Boron Ore’ customs duty exemption under Customs Notification No. 15/2017-CUS. Analysis of the case, legal arguments, and the decision to remand to the Adjudicating Authority for reevaluation. Stay informed on the latest developments in customs regulations.

Custom/NDPS Proceedings cannot be quashed for Typographical Error: Madras HC

November 30, 2023 450 Views 0 comment Print

Madras High Court’s judgment on Naveen Kumar’s case involving Customs Act violations. Learn about the typographical error issue and the court’s decision. Full text of the judgment provided.

HC set aside Assessment order passed on Transferor/Non-existing Company 

November 30, 2023 315 Views 0 comment Print

Learn how the Madras High Court set aside an Assessment Order dated 09.03.2022 under Section 147 r/w Section 144 of the Income Tax Act, 1961 for the Assessment Year 2013-14 for Shapoorji Pallonji Samalpatti Operator Services Pvt Ltd

Madras HC Ruling on Gold Smuggling Abetment & Violation of Natural Justice

November 30, 2023 300 Views 0 comment Print

Explore the Madras High Court’s judgment in the case of Vikas Sharma vs Additional Commissioner of Customs, addressing penalties on a Customs Officer for abetting gold smuggling. The court examines challenges related to the denial of mandated opportunities under Section 112(a)(i) of the Customs Act, emphasizing principles of natural justice. Read the full text for an in-depth analysis and the court’s directive on seeking statutory remedies.

EOU permitted to destroy obsolete goods on payment of duty on scrap value

November 30, 2023 711 Views 0 comment Print

CESTAT Bangalore held that destruction of obsolete goods allowed to EOU on payment of duty on scrap value. Accordingly, held that when goods are destroyed EOU is not liable to pay duty on original value at the time of import.

Remission of property tax not granted in absence of advance notice u/s. 239(3) of Kerala Municipality Act

November 30, 2023 630 Views 0 comment Print

Kerala High Court held that Municipality cannot grant remission of the property tax in absence of valid advance notice, as required under sub-section (3) of section 239 of the Kerala Municipality Act, to the Secretary for claiming remission of property tax in respect of the building that is vacant or which would be vacant from a particular date.

HC Directs GST Department to Grant Registration for Lessor & Lessee Operating in Same Premises

November 30, 2023 774 Views 0 comment Print

GST Registration denial for Lessor and lessee running business in same premises: HC directs GST Dept to Grant GST Registration & directs petitioner-Company to demarcate the property 

ITAT Directs Reconsideration of Section 234A, 234B & 234C Interest by CIT(A)

November 30, 2023 2361 Views 0 comment Print

ITAT directs CIT(A) to reconsider issue of Section 234A, 234B and 234C interest after considering the outcome of petition filed by the appellant u/s. 119(20)(b)/119(2)(c) of Income Tax Act before the Chairman, CBDT

Madras HC Directs Release of Gold After Custom Duty Payment

November 30, 2023 387 Views 0 comment Print

Read the full text of the judgment/order from the Madras High Court regarding the withholding of gold imported by Mudra Precious Metals Pvt. Ltd. Without customs duty payment. The court directs the release of goods after the petitioner agrees to pay 100% duty under protest. Get insights into the case and the court’s decision.

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