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Departmental authorities need to decide on provisional release application filed u/s 110A of Customs Act, 1962

March 14, 2023 624 Views 0 comment Print

Raw enterprises Vs The Principal Commissioner of Customs (Madras High Court) Madras High Court held that as per provisions of section 110A of the Customs Act, 1962 departmental authorities need to take decision on provisional release application. Petitioner directed to furnish fresh application u/s 110A as against the allegation that application is not in prescribed […]

Bail application rejected on the basis of gravity of offence and criminal antecedents

March 14, 2023 3870 Views 0 comment Print

Allahabad High Court rejected the bail application filed u/s. 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of gravity of offence and the criminal antecedents.

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1440 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

Provisions of section 68 inapplicable in absence of maintenance of any books of accounts

March 14, 2023 4557 Views 0 comment Print

ITAT Amritsar held that provisions of section 68 of the Income Tax Act is inapplicable as assessee does not maintain any books of accounts. Mere possession of pass book cannot be treated as books of accounts. Accordingly, addition u/s 68 unsustainable.

Character of charitable purpose gets lost when receipts from business activity is more than 20%

March 14, 2023 1434 Views 0 comment Print

ITAT Pune held that as receipts from business activity is more than 20% of the total receipts, character of charitable purpose as given in section 2(15) will be lost and accordingly, exemption under section 11 of the Income Tax Act not available.

Initiation of coercive recovery proceedings without passing of assessment order is invalid

March 14, 2023 1362 Views 0 comment Print

Madras High Court held that initiation of coercive recovery proceedings, by exercising power under section 45 of the Tamil Nadu Value Added Tax Act, 2006, without passing of assessment order is invalid and unsustainable.

Refund not admissible as claimant failed to furnish required revised service tax return

March 13, 2023 1338 Views 1 comment Print

CESTAT Mumbai held that as per rule 7B(1) of the Service Tax Rules, 1994, the claimant is required to submit a revised return. Accordingly, as the claimant failed to furnish the same refund is not admissible.

Fresh adjudication directed to verify service of notice of legal heir after death of assessee

March 13, 2023 1353 Views 1 comment Print

ITAT Delhi directed fresh adjudication to verify whether notice was served upon to the legal heir after the death of the assessee and also to verify the correct name of the assessee.

TDS u/s. 194C of Income Tax Act applicable in case of Common Area Maintenance Charges

March 13, 2023 3519 Views 1 comment Print

ITAT Delhi held that TDS under section 194C (and not 194-I) of the Income Tax Act, 1961 is deductible in case of Common Area Maintenance Charges (CAM Charges).

Extended period not invocable as non-disclosure was based on bonafide interpretation of law

March 13, 2023 1806 Views 0 comment Print

Madras High Court held that invocation of extended period of limitation unjustified as non-disclosure or claim of non-liability was on the basis of bonafide interpretation of law.

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