ITAT Mumbai held that the rate of tax on a short term capital gain on depreciable assets u/s. 50 has been held to be the rate of long term capital gain @ 20% as per Section 112 of the Income Tax Act. Accordingly, appeal of assessee allowed.
Delhi HC sets aside GST demand on Exide Industries citing breach of natural justice; directs fresh hearing with conditions on adjournments and timelines.
ITAT Delhi restored the matter to the file of the Assessing Officer with the direction to pass order after affording reasonable, adequate and effective opportunity of being heard and hence the appeal of the assessee is deserves to be allowed.
India’s Finance Ministry updates customs cooperation list to include agreements on mutual administrative assistance with New Zealand and Madagascar.
CESTAT Delhi held that section 28(9) of Customs Act mandates adjudication of show cause notice within one year. Thus, adjudication of notice after around 10 years of issuance, without justifiable reason, is not tenable and hence order issued thereon is liable to be quashed.
Delhi State Consumer Commission dismisses National Insurance Co. appeal due to 54-day delay, citing lack of sufficient cause and judicial precedents on limitation.
ITAT Mumbai held that invocation of revisionary proceedings under section 263 of the Income Tax Act not justified since AO has taken plausible view. Accordingly, order passed u/s. 263 set aside and appeal of assessee allowed.
ITAT Jaipur held that matter is fit to remand back to file of AO since assessee has sufficient reason to establish non-deduction of tax, however, the evidences were not furnished before lower authority. Accordingly, appeal allowed and matter remanded.
ITAT Ahmedabad held that disallowance of expenses under section 14A of the Income Tax Act not justifiable as there was sufficient own interest free funds available with the assessee for making investment. Thus, appeal of assessee allowed.
Delhi HC remands a customs duty classification case to CESTAT, stating that disputes involving product classification are recurring legal issues exempt from monetary limit guidelines.
