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Officers of DRI entrusted to issue notice for recovery of duty u/s. 28 of Customs Act: Supreme Court

November 20, 2024 1278 Views 0 comment Print

Supreme Court held that officers of DRI are entrusted with the functions of proper officer and thus has jurisdiction to issue show cause notices for recovery of duty under section 28 of the Customs Act, 1962.

Scope of inquiry u/s. 11 of Arbitration and Conciliation Act is limited: Supreme Court

November 20, 2024 741 Views 0 comment Print

Supreme Court held that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. Thus, appeal allowed due to existence of arbitration agreement.

Amount received in advance leviable to tax in the year of its collection: Madras HC

November 20, 2024 2787 Views 1 comment Print

The First Appellate authority further directed the assessing authority to reopen the assessment proceedings for the A.Y. 2010-11 and from 2012-13 onwards to disallow the set off of the claim of unabsorbed depreciation computed from 1998-99 onwards.

Direction of reopening by appellate authority without any material untenable: Kerala HC

November 20, 2024 774 Views 0 comment Print

The First Appellate authority further directed the assessing authority to reopen the assessment proceedings for the A.Y. 2010-11 and from 2012-13 onwards to disallow the set off of the claim of unabsorbed depreciation computed from 1998-99 onwards.

Consequential order passed beyond terms of remand by Commissioner u/s. 263 not justified

November 20, 2024 1575 Views 0 comment Print

The First Appellate Authority, therefore, allowed the appeal of the appellant/assessee by relying on the remand report and finding that the consequential order passed by the Assessing Authority could not be legally sustained.

Seized goods liable to be returned back due to non-issuance of notice u/s. 124 of the Customs Act

November 20, 2024 2868 Views 0 comment Print

Delhi High Court held that in terms of Section 110(2) of the Customs Act, the seized goods are required to be returned, if a notice under Section 124 of the Act is not issued within the period as prescribed.

Penalty u/s. 271C set aside as penalty order barred by limitation: Delhi HC

November 20, 2024 1794 Views 0 comment Print

Delhi High Court held that reference by AO to JCIT regarding non-deduction of TDS was first step for initiation of action for imposition of penalty. Accordingly, penalty order passed by JCIT levying penalty under section 271C of the Income Tax Act is barred by limitation.

Section 16(5) of CGST Act allows ITC if return is filed up to 30.11.2021: Karnataka HC

November 20, 2024 1890 Views 0 comment Print

Karnataka High Court held that as per section 16(5) of the CGST Act input tax credit in respect of Financial Years 2017-18, 2018-19, 2019-20 and 2020-21 available in case return u/s. 39 of the CGST Act is filed up to 30.11.2021.

Sale of unredeemed articles by auctioneers taxable under sales tax: Madras HC

November 20, 2024 753 Views 0 comment Print

Madras High Court held that sales tax leviable on consideration received on sale of unredeemed articles by the auctioneers under Tamil Nadu General Sales Tax Act, 1959. Further, penalty u/s. 12(3)(a) leviable for non-filing of returns.

Interest u/s. 12-A leviable for failure in duly depositing tax with Himachal Pradesh authorities

November 20, 2024 699 Views 0 comment Print

Himachal Pradesh High Court held that interest as per provisions of section 12-A of the Himachal Pradesh Passenger and Goods Taxation Act, 1955 leviable as petitioner didn’t deposit required tax with the authorities of Himachal Pradesh.

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