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Extended period not involcable in absence of suppression, misrepresentation or fraud

April 13, 2023 1332 Views 0 comment Print

Bombay High Court held that extended period of limitation not invocable as there was no suppression, misrepresentation or fraud committed by the assessee.

Revision jurisdiction u/s 263 on mere conjectures, suspicions & surmises not permissible

April 13, 2023 843 Views 0 comment Print

ITAT Mumbai held that plausible view of AO cannot be held as erroneous by ld. CIT(E) without conducting necessary enquiries or verification. Accordingly, initiated of revision jurisdiction u/s 263 on mere conjectures, suspicions and surmises, which is not permitted.

Writ not entertained as efficacious alternative remedy of filing appeal u/s 25 of PMLA Act available

April 13, 2023 1809 Views 0 comment Print

Soumyendra Nath Banerjee Vs Union of India (Calcutta High Court) Calcutta High Court didn’t entertained the writ petition under Article 226 of the Constitution of India as efficacious alternative remedy of appeal before the Appellate Authority under section 25 of PMLA Act, 2002 available. Facts- The petitioner is aggrieved by an order of provisional attachment […]

General principles of strict interpretation of exemption notification not apply to SEZ units

April 13, 2023 765 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Goods & Service Tax & Central Excise (CESTAT Delhi) CESTAT Delhi held that general principles of interpretation of the exemption notification that it has to be construed strictly shall not really apply to the SEZ units which are otherwise exempted from the liability of the various duties under the […]

Section 15 of GST Act not prescribe valuation based on eye estimation

April 13, 2023 1380 Views 0 comment Print

Allahabad High Court held that provisions of section 15 of the GST Act doesnt prescribe valuation of goods on the basis of eye estimation. Accordingly, impugned order based on such valuation is not sustainable.

Rejection of SVLDRS-1 application alleging wrong Commissionerate unjustified

April 13, 2023 780 Views 0 comment Print

Bombay High court held that rejection of SVLDRS-1 application alleging wrong Commissionerate is unjustified as at the time of filing application, petitioner didn’t had option to file or change the Commissionerate.

Section 269SS not apply when explanation given constitutes reasonable cause

April 13, 2023 4722 Views 0 comment Print

ITAT Bangalore held that provisions of section 269SS of the Income Tax Act cannot be applied when explanation given by the assesse constitutes a reasonable cause. Accordingly, concluded that bonafide business transaction cannot be considered for levying the penalty u/s 271D of the Act.

Expenditure towards CSR disallowed u/s 37 of Income Tax Act

April 13, 2023 4047 Views 0 comment Print

ITAT Mumbai held that expenditure incurred towards Corporate Social Responsibility are specifically disallowed as per explanation 2 to Section 37(1) of the Income Tax Act.

Motor Accident Award computation without multiplying amount with multiplier is unjustifiable

April 12, 2023 1581 Views 0 comment Print

Calcutta High Court held that computation of award amount without multiplying the amount with the multiplier 13 is unjustifiable.

Amount taxed in hands of partner u/s 28(v) allowable in hands of firm u/s 40(b)

April 12, 2023 1842 Views 0 comment Print

CESTAT Bangalore held that amount taxed in the hands of partner u/s 28(v) needs to be allowed in the hands of the firm u/s 40(b) of the Income Tax Act.

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