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Archive: 05 October 2024

Posts in 05 October 2024

ITC on Construction: Supreme Court’s Landmark Ruling

October 5, 2024 9390 Views 1 comment Print

The Supreme Court upheld Section 17(5)(d) of the CGST Act, impacting ITC claims for properties constructed for rental purposes.

Personal Hearing Mandatory U/s. 75(4) Before Passing of Orders: Allahabad HC

October 5, 2024 990 Views 0 comment Print

The Allahabad High Court ruled that personal hearings are mandatory under Section 75(4) of the CGST Act before passing any orders.

Interpreting Reassessment Provisions – UOI vs. Rajeev Bansal & Ors (SC)

October 5, 2024 5961 Views 1 comment Print

The Supreme Court ruling in UOI vs. Rajeev Bansal clarifies reassessment provisions post-April 2021 under Income Tax Act, extending time limits via TOLA.

No addition of unexplained jewellery as CBDT Instruction 1916 allows Jewellery Holding for other Family Members

October 5, 2024 8475 Views 0 comment Print

Assessee challenged CIT(A) order before the Bangalore Bench of ITAT arguing that 1450 grams of gold should not be considered unexplained as it fell within the permissible limits of CBDT Instruction No. 1916.

Classification of “Motor Controllers” should be under CTH 8503 0090 as “Parts of Electric Motors” for Import Valuation

October 5, 2024 471 Views 0 comment Print

Assessee, to avoid delay and demurrage charges, cleared the goods on payment of the enhanced customs duty, under protest, and requested the lower authority to issue the order(s) of assessment under Section 17(5) of the Customs Act, 1962.

No import of vehicle in CKD form if essential components were sourced locally

October 5, 2024 951 Views 0 comment Print

Until all the components of the complete article were presented together for assessment at the same point of time, Rule 2(a) of General Interpretative Rules could not be invoked to classify the parts as complete article.

Notices issued through income tax portal only is not a valid service of notice: ITAT Chandigarh

October 5, 2024 13803 Views 0 comment Print

ITAT Chandigarh held that since notices were issued through ITBA portal only it cannot be treated as a valid service of notice. Accordingly, proceedings initiated under section 147/148 of the Income Tax Act is liable to be quashed.

Addition u/s. 68 matter send back for de novo proceedings due to unclear information: ITAT Bangalore

October 5, 2024 312 Views 0 comment Print

ITAT Bangalore held that addition under section 68 of the Income Tax Act towards unexplained money send back for de novo reassessment due to difference in amounts and unclear information.

Orissa HC directed petitioner to find statutory remedy in matter of levy of fine for late filing of bill of entry

October 5, 2024 183 Views 0 comment Print

Orissa High Court dismissed the petition relating to levy of fine due to late filing of bill of entry due to availability of statutory remedy. Directed petitioner to find statutory remedy who can deal with its grievance.

Addition u/s. 69 against unexplained investment sustained in absence of sufficient evidences: ITAT Raipur

October 5, 2024 513 Views 0 comment Print

The assessee is an individual, whose case for AY 2011-12 was reopened on the basis of AIR information available in the system of department, accordingly, a notice u/s 148 was issued on 30.03.2018 and served upon the assessee through RPAD.

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