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Issuance of notice in GST ASMT-10 by Deputy Commissioner without authorization is unsustainable

June 1, 2023 2400 Views 0 comment Print

Andhra Pradesh High Court held that issuance of notice in Form GST ASMT-10 under rule 99 of A.P. Goods and Services Tax Rules, 2017 read with Section 61 of A.P. Goods and Services Tax Act, 2017 by Deputy Commissioner without authorization of Chief Commissioner lacks authorization and hence liable to be quashed.

Denial of CENVAT Credit due to procedural irregularities/lapses is unsustainable

June 1, 2023 2457 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT Credit due to procedural irregularities/ lapses is unsustainable in law. Substantive benefit cannot be denied due to procedural irregularities/ lapses.

Goods can be concluded to be smuggled on failure to produce document of discharge of customs duty

June 1, 2023 672 Views 0 comment Print

CESTAT Delhi held that as appellant failed to produce document proving discharge of customs duty liability, it can easily be concluded that gold so procured has passed the customs area in concealed manner and accordingly the same is smuggled goods.

Penalty u/s 271B not leviable as delay of one day due to technical letches is venial in nature

June 1, 2023 915 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271B not leviable for mere delay of one day as such delay didn’t have any deliberate intention. The delay if any is on account the reasons on the technical letches on the portal and the same is venial in nature.

Addition unsustainable as department failed to prove that sundry creditors are bogus

May 31, 2023 4779 Views 0 comment Print

ITAT Delhi held that addition of sundry creditors u/s 68/69C of the Income Tax Act unsustainable as department failed to prove that the sundry creditors are bogus.

Claim of exempted allowance via rectification of order u/s 143(1)(a) not permissible

May 31, 2023 1566 Views 1 comment Print

ITAT Mumbai held that as no claim of the amount of exempted allowance was made in the return of income, the same cannot be rectified as there was no mistake apparent from record in order passed u/s 143(1)(a) of the Income Tax Act.

Verified corpus donation not taxable even if received by trust not registered u/s 12AA

May 31, 2023 2805 Views 0 comment Print

ITAT Amritsar held that corpus donation received by trust not holding the registration u/s 12AA is not taxable provided the same is verified. Accordingly, matter remitted back to AO for verification of corpus donation.

Condonation not granted in absence of cogent and satisfactory explanation

May 31, 2023 2691 Views 0 comment Print

ITAT Amritsar held that in absence of cogent and satisfactory explanation, delay of 781 days in filing of an appeal cannot be condoned. Accordingly, condonation of delay not granted.

Addition u/s 68 unsustainable as no incriminating material found during search

May 31, 2023 1164 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable in absence of any incriminating material found during the course of search.

Late fee u/s 234E leviable prospectively from 01.06.2015

May 31, 2023 1527 Views 0 comment Print

ITAT Pune held that late fees u/s 234E of the Income Tax Act can be levied only prospectively with effect from 01.06.2015.

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