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TDS credit of employee cannot be rejected for non-payment of TDS by employer to government

December 3, 2022 5199 Views 0 comment Print

ITAT Delhi held that it is an admitted fact that TDS is deducted from the salary and the same is not deposited, Governments claim of TDS stands satisfied under CRP. Hence, non-payment of deducted tax by the employer cannot be ground for rejection of TDS credit to the employee.

Mere taking land on lease doesn’t cover research operations as contract farming

December 3, 2022 918 Views 0 comment Print

ITAT Hyderabad held that merely because the assessee took the land on lease for conducting their research operations to produce the foundation seeds of the hybrid varieties, such a lease cannot ipso facto make the operations of the assessee as contract farming.

Rejection of disallowance offered u/s 14A after due application of mind is acceptable

December 3, 2022 1590 Views 0 comment Print

Delhi High Court held that rejection of basis adopted by the assessee of the disallowance offered under section 14A after due application of mind and considering the reply furnished by the assessee is acceptable

GST registration stands revived on uploading pending returns as returns not uploaded due to health issue

December 3, 2022 1473 Views 0 comment Print

Madras High Court held that registration shall stand revived on payment of tax and uploading of return and accordingly granted relief in the case of cancellation of GST registration due to non-filing of GST returns due to health issue

Confirmation of penalty u/s 112 of Customs Act to non-importer is unsustainable

December 3, 2022 852 Views 0 comment Print

CESTAT Mumbai held that the appellant being a subsequent purchaser of the goods from the M/s Philips India who had allegedly purchased the imported the goods hence confirmation of penalty under Section 112 of the Customs Act is unsustainable in law.

Appeal duly filed in manual mode and later delayed in electronic mode is condonable

December 3, 2022 696 Views 0 comment Print

ITAT Mumbai held that filing of an appeal against the order of AO was firstly in manual mode, which was duly accepted by the department, and thereafter in electronic mode without losing any time when pointed. The same is sufficient reason to condone the delay.

Mere marriage certificate of Arya Samaj is not proof of valid marriage

December 3, 2022 9615 Views 0 comment Print

Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage.

Addition u/s 43CA without allegation of receipt of amount more than sale consideration is unsustainable

December 3, 2022 1485 Views 0 comment Print

ITAT Delhi held that there are no evidence or allegation that there is receipt of money over and above sale consideration as disclosed in the sale deed, accordingly addition made on the basis of legal fiction created by section 43CA of the Income Tax Act is unsustainable in law.

Rule 6 of CCR, 2004 doesn’t apply to waste produced during manufacturing process

December 3, 2022 639 Views 0 comment Print

CESTAT Mumbai held that Rule 6 of the CCR, 2004 is not applicable to the waste products which arises during the process of manufacture and is sold for some consideration.

Matter involving adjudication of facts cannot be entertained under Article 226

December 2, 2022 1146 Views 0 comment Print

Kerala High Court proceeding finalized against the petitioner based on certain computer records cannot be challenged before High Court as alternative remedies before the Appellate Authority is available before the petitioner. Matter involving adjudication of facts is not possible under Article 226 of the Constitution of India.

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