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Archive: 04 October 2024

Posts in 04 October 2024

Addition of non-genuine labour charges unjustified as genuineness proved: ITAT Mumbai

October 4, 2024 567 Views 0 comment Print

During the course of search/survey operations, it was noticed that the assessee has paid labour charges to three concerns. Post investigation, AO came to the conclusion that the labour charges paid to the concerns were also not genuine.

Rejection of Exemption U/S 11 Unjustified as Form 10B Filed but Not Visible on E-Filing Portal

October 4, 2024 636 Views 0 comment Print

ITAT Bangalore held that rejection of exemption u/s. 11 of the Income Tax Act due to non-appearance of form 10B in e-filing portal unjustified as form was already filed but was not appearing in e-filing portal. Matter remanded for fresh consideration.

RTI Appeal Denied for Show Cause Notice Disclosure by IBBI

October 4, 2024 99 Views 0 comment Print

RTI appeal seeking a show cause notice against an insolvency professional denied by IBBI under exemptions in Section 8 of the RTI Act, citing confidentiality.

Approval granted u/s. 153D in mechanical manner is bad-in-law: ITAT Bangalore

October 4, 2024 573 Views 0 comment Print

ITAT Bangalore held that approval given under section 153D of the Income Tax Act at the fag end of assessment in a mechanical manner and without application of mind is invalid and bad in law.

IBBI Dismisses RTI Appeal on CIRP Documents Due to Exemptions

October 4, 2024 96 Views 0 comment Print

IBBI denies RTI appeal on CIRP-related forms citing Sections 8(1)(d), (e), and (j) of RTI Act, protecting commercial confidentiality and fiduciary relationships.

Import benefit extended to DLP data projectors with video port as classified under CTH 8528 6100: CESTAT Bangalore

October 4, 2024 468 Views 0 comment Print

CESTAT Bangalore held that DLP data projectors having additional facility of video port are classifiable under CTH 8528 6100 and not under 8528 6900 and accordingly, benefit of notification no. 24/2005-Cus dated 01.03.2005 extended to its import.

Penalty u/s. 114 imposable on custom broker and intermediary for not fulfilling KYC requirement: CESTAT Kolkata

October 4, 2024 522 Views 0 comment Print

CESTAT Kolkata held that penalty u/s. 114 of the Customs Act imposable on customs broker and intermediary with regard to non-compliance of their duty of fulfilling KYC requirement. Accordingly, penalty reduced to INR 4 Lakhs.

Matter of mismatch of ITC between GSTR-3B and GSTR-1 remanded back: Madras HC

October 4, 2024 813 Views 0 comment Print

Madras High Court held that matter of mismatch of ITC between GSTR-3B and GSTR-1 remanded back for fresh consideration since non-appearance on the part of the assessee was due to the fact that accountant was not doing well.

Reopening of assessment u/s. 148 after due application of mind justifiable: ITAT Chennai

October 4, 2024 600 Views 0 comment Print

ITAT Chennai held that approval of large number of cases in a single day cannot be reason for faulting reopening of assessment since the case was reopened u/s. 148 of the Income Tax Act after due application of mind.

Price cannot be enhanced merely on the basis of DGOV circular: CESTAT Ahmedabad

October 4, 2024 375 Views 0 comment Print

CESTAT Ahmedabad held that price cannot be enhanced merely on the basis of DGOV circular unless until some strong material is found to support the price which was fetched from DGOV circular. Matter remitted to the Assessing Authority.

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