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Archive: 15 March 2024

Posts in 15 March 2024

Supplementary show cause notice valid even before insertion of second proviso to section 124 of Customs Act

March 15, 2024 450 Views 0 comment Print

Calcutta High Court held that power to issue supplementary show cause notice, prior to insertion of second proviso to section 124 of the Customs Act, 1962, was implicit and inbuilt in section 124 of the Act. Thus, supplementary notice issued prior to 29.03.2018 i.e. insertion of second proviso is duly valid in law.

Kerala HC: Personal Hearing Required for IT Act Section 148A(d) Orders

March 15, 2024 462 Views 0 comment Print

Kerala High Court rules that personal hearing is mandatory before passing an order under Section 148A(d) of the Income Tax Act.

CESTAT Chennai sets aside confiscation of hand tools, deeming them capital goods under FTP

March 15, 2024 162 Views 0 comment Print

PS Bedi & Co Pvt. Ltd. vs. Commissioner of Customs case analyzed. CESTAT Chennai sets aside confiscation of hand tools, deeming them capital goods under FTP.

Electronic data collected in violation of Digital Evidence Investigation Manual is unsustainable

March 15, 2024 759 Views 0 comment Print

Madras High Court held that digital data collected by the department in the course of search and seizure without following the Digital Evidence Investigation Manual issued by CBDT makes the entire search and seizure unsustainable and ab initio bad

Test reports from laboratories without appropriate testing facilities is untenable for classification

March 15, 2024 198 Views 0 comment Print

Oasis Impex appeals CESTAT Ahmedabad’s reclassification of imported calcite powder. CESTAT rules against rejection without cogent reason. Details of the case explained.

Form 10BA filing Mandatory to claim Section 80GG Deduction: ITAT Bangalore

March 15, 2024 747 Views 0 comment Print

ITAT Bangalore rules that submission of Income Tax Form No. 10BA is necessary for claiming deduction under Section 80GG. Details of the case explained.

Penalty Imposed: Violation of Rule 14(8) – Private Placement Offer

March 15, 2024 312 Views 0 comment Print

MCA imposes penalty on Motisons Jewellers Ltd for issuing private placement offer before filing special resolution. Detailed analysis of the case and penalty implications.

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 1020 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 519 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

Alleged Cartelization in Tender: CCI Dismisses Case Due to Lack of Evidence

March 15, 2024 243 Views 0 comment Print

Manohar Rawat’s case against Laerdal Medical Private Limited for alleged cartelization in a tender gets dismissed by the Competition Commission of India due to lack of evidence.

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