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Job-worker liable to discharge duty in absence of undertaking under notification no. 83/94-CE

May 30, 2023 738 Views 0 comment Print

CESTAT Delhi held that unless there is an undertaking by the principal manufacturer that they would discharge the duty liability (notification no. 83/94-CE), the job worker is liable to discharge duty on the clearances from the premises of job worker.

AO has no power to reject method of valuation resorted in absence of any infraction

May 30, 2023 1218 Views 0 comment Print

ITAT Delhi held that the assessee has option to determine the method of valuation and the AO has no power to reject the method resorted by the assessee as no infraction of methodology has been brought out by the AO.

Liquidator should consider average of value arrived as per regulation 35 of CIRP Regulation, 2016

May 29, 2023 744 Views 0 comment Print

NCLAT Delhi held that liquidator is obliged to consider the average of the value arrived as per Regulation 35 of the CIRP Regulation, 2016.

Disallowance of late deposit of employees’ share of PF/ ESI beyond prescribed due date is sustained

May 29, 2023 10200 Views 0 comment Print

ITAT Chandigarh held that disallowance for late deposit of employees’ share of PF/ ESI contribution to relevant funds beyond prescribed due date under respective Act is duly sustainable in law.

Mistake in accepting returned income instead of substituting with assessed income is apparent error rectifiable u/s 154

May 29, 2023 1212 Views 0 comment Print

ITAT Hyderabad held that when there was an apparent mistake in the order of the AO in accepting the returned income instead of substituting the same with the assessed income there was an apparent error rectifiable under section 154 of the Income Tax Act.

Amount recorded in books and offered to tax cannot be treated as unexplained and added u/s 69A

May 29, 2023 3288 Views 0 comment Print

ITAT Mumbai held that amount cannot be treated as unexplained and accordingly addition u/s 69A of the Income Tax Act unsustainable as amount duly recorded in books of account and offered to tax as professional fees.

Addition of difference of turnover in audit report and ITR sustained as no proper justification offered

May 29, 2023 1968 Views 0 comment Print

ITAT Pune held that no proper justification offered by the assessee in respect of difference of turnover reported in audit report and ITR. Accordingly, addition towards the said difference sustained.

Owner or person from whom goods were seized must be served notice of proceeding u/s 110(1B)

May 29, 2023 2097 Views 0 comment Print

Delhi High Court held that notice of proceeding under Section 110(1B) of the Customs Act was required to be issued to the owner or the persons from whom the goods were seized.

Amendment to section 36(1)(va) and 43B vide Finance Act, 2021 is effective from 01.04.2021

May 29, 2023 6912 Views 0 comment Print

ITAT Delhi held that amendment to section 36(1)(va) of the Income Tax Act and section 43B of the Income Tax Act brought in Finance Act, 2021 is prospective in nature i.e. effective from 01.04.2021 and not retrospective in nature.

Denial of exemption as inadvertently claimed u/s 54F instead of section 54 is unjustified

May 29, 2023 1128 Views 0 comment Print

ITAT Lucknow held that benefit of exemption cannot be disallowed merely because the same was claimed u/s 54F of the Income Tax Act instead of claiming u/s 54 of the Income Tax Act. Such mistake is inadvertent and typographical mistake.

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