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Initiation of reassessment in the name of non-existent amalgamated company is without jurisdiction

May 27, 2023 471 Views 0 comment Print

ITAT Kolkata held that reassessment proceeding initiated in the name of non­existent amalgamated company is without jurisdiction, void ab initio and is liable to be annulled.

Exemption u/s 54B not available when property not purchased in name of assessee

May 27, 2023 1410 Views 0 comment Print

ITAT Chandigarh held that exemption under section 54B of the Income Tax Act is not available when property was not purchased in the name of the assessee.

Addition u/s 69C simply based on scribbling notes without any other evidences is unwarranted

May 27, 2023 1356 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained expenditure u/s 69C of the Income Tax Act simply on the basis of scribbling note without any other oral/ documentary evidences is unwarranted and unsustainable.

Withdrawing benefit of TDS on advance rent received unjustified: ITAT Delhi

May 25, 2023 2028 Views 0 comment Print

ITAT Delhi held that the revenue authorities are not entitled to appropriate the taxes which have been paid in excess of the due taxes to be paid by the assessee. Accordingly, reducing refund by withdrawing benefit of TDS on advance rent received is unjustified.

Bail granted to CA as continued incarceration of petitioner not justified: HC

May 25, 2023 2085 Views 0 comment Print

Andhra Pradesh High Court held that as the petitioner is a Chartered Accountant by profession and it is his first offence and he has been in jail since long. Accordingly, continuance incarceration of the petitioner is not justified. Hence, bail granted.

Matter resorted to find out specification of term ‘every month’ in clause 38 of EPF scheme

May 25, 2023 2016 Views 0 comment Print

ITAT Mumbai resorted back the matter to AO with direction to find out from the relevant PF authorities about the term every month as mentioned in Clause 38 of the Employees Provident Fund Scheme (EPF Scheme).

Lessee being service receiver is liable to pay service tax to lessor

May 25, 2023 1839 Views 0 comment Print

Karnataka High Court held that lessor is merely obliged to collect the service tax and remit it to the department. A lessee being the person who avails of service is liable to pay service tax to the lessor.

GST: Turnover relating to different states needs to be assessed separately

May 25, 2023 615 Views 0 comment Print

Andhra Pradesh High Court held that turnover of same assessee in different states cannot be assessed by department of one State. Accordingly, turnover relating to bus business for the States of Andhra Pradesh, Telangana, Tamilnadu and Puducherry needs to be assessed separately.

Imposition of penalty unjustified as no evidence proved involvement of CHA in alleged mis-declaration

May 25, 2023 789 Views 0 comment Print

Delve into the CESTAT Delhi ruling in Shri Satyender Singh Vs Commissioner of Customs case, analyzing penalties imposed without evidence of mens rea for mis-declaration in consignments.

Approval accorded u/s. 153D without application of mind is unenforceable in law

May 25, 2023 1503 Views 0 comment Print

ITAT Delhi held that hollow and cosmetic approval accorded under section 153D of the Income Tax Act without application of mind is unenforceable in law and hence liable to be quashed.

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