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Archive: December, 2023

Posts in December, 2023

Custom Department’s action in selling gold during pendency of appeal is illegal

December 25, 2023 2600 Views 0 comment Print

Bombay High Court held that action of the department in selling the gold during the pendency of the appeal is illegal and unconstitutional.

6-Month Limit for Section 49(a) Cases in Indian Stamp Act, 1899 after Spoilage

December 25, 2023 2736 Views 0 comment Print

Delhi High Court held that the period of limitation for cases covered u/s. 49(a) of the Indian Stamp Act, 1899 would be six months from the date on which the stamp paper was spoiled. Accordingly, refund of 90% stamp duty directed.

Discovery in Later Assessments Not Grounds for Reassessment in Prior Years

December 25, 2023 2505 Views 0 comment Print

Karnataka High Court held that reassessment proceedings cannot be in the nature of review and accordingly, the material as has come to light in the assessment proceedings for the Assessment Year 2008- 2009 cannot be a sufficient ground to resort to reassessment proceedings.

Tulsi Extrusions Ltd Penalized for late-filing of Financial Statement

December 25, 2023 489 Views 0 comment Print

Explore the adjudication order under Section 454 against Tulsi Extrusions Ltd for non-compliance with Section 137 of the Companies Act, 2013. Detailed analysis, findings, and penalties.

Taxation of Sale of Immovable Property by Non Residents

December 25, 2023 12000 Views 0 comment Print

Understand taxation of immovable property sale by non-residents with insights from Income Tax Department. Explore capital gains calculation, deductions, TDS requirements, and repatriation rules for a seamless property transaction.

Estimated addition without pointing out specific defect in audited books unjustified

December 25, 2023 2586 Views 0 comment Print

ITAT Delhi held that without pointing out any specific defect in the audited books of accounts, AO cannot and should not make any estimated addition. Accordingly, such estimated addition deleted.

Tea Production Eligible for Exemption under Notification 12/2017-Central Tax (Rate)

December 25, 2023 2403 Views 0 comment Print

Bombay High Court held that benefit of exemption under notification no. 12/2017- Central Tax (Rate) dated 28.06.2017 available to loading, unloading, packing, storage or warehousing of “agricultural produce” namely “tea”.

Lack of Evidence for FEMA Act Contravention in Bogus Import of Service via Cash Bean App: Writ Petition Dismissed

December 25, 2023 1197 Views 0 comment Print

Assessee-company was engaged in the business of providing unsecured short-term loans to its customers/borrowers in India via its Digital Application based platform called the ‘CashBean‟.

No withheld of GST Refund u/s 74 and 20 of IGST Act on account of non-issuance of Form GST DRC-04 and GST deposit made involuntary

December 25, 2023 2295 Views 0 comment Print

Since the claim for refund could not be withheld merely because the Department, pursuant to the deposit, issued the SCN and was proposing to demand GST.

Bharatiya Sakshya Adhiniyam, 2023

December 25, 2023 2468 Views 0 comment Print

Bharatiya Sakshya Adhiniyam, 2023 received assent of President on 25th December, 2023 and It shall come into force on such date as Central Government may, by notification in Official Gazette, appoint.

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