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Placing reliance on statements unjustified as no opportunity for cross-examination granted

March 31, 2023 1191 Views 0 comment Print

CESTAT Ahmedabad held that placing reliance on the statements unjustified as no opportunity to cross-examine is granted and even the test of Section 9D of Central Excise Act is not passed.

TDS u/s 194C of Income Tax Act deductible on payment of Common Area Maintenance Charges

March 30, 2023 6645 Views 0 comment Print

ITAT Delhi held that assessee duly deducted TDS @2% u/s 194C Income Tax Act on payment of Common Area Maintenance (CAM) Charges as provisions of section 194I of the Income Tax Act is not applicable to this payment.

Enquiring on issues other than limited scrutiny issue before conversion into complete scrutiny is bad-in-law

March 30, 2023 3666 Views 0 comment Print

ITAT Kolkata held that enquiring on issues other than limited scrutiny issue, before conversion of limited scrutiny to complete scrutiny, is against the procedure laid down in Instruction No. 5/2016 of CBDT dated 14.07.2016. Accordingly, assessment order is quashed as nullity and bad-in-law.

Invocation of jurisdiction u/s 263 on same subject which was duly verified in reassessment proceeding unjustified

March 30, 2023 1527 Views 0 comment Print

ITAT Chennai held that AO duly verified the subject matter in re-assessment proceedings and concluded that LTCG declared by the assessee is genuine. Accordingly, setting aside the assessment order invoking revisional jurisdiction u/s 263 on the same subject matter unjustified.

Ex-parte appellate order without providing opportunity under faceless scheme is unjustified

March 30, 2023 1668 Views 0 comment Print

ITAT Allahabad held that passing an ex-parte appellate order without providing any opportunity even in case of faceless assessment proceedings unjustified as adherence to Principles of natural justice is one of the most important pillar of the effective judicial delivery system.

Benefit of NIL duty rate as per notification no. 21/2002-CUS duly available to Cutter Suction Dredger

March 30, 2023 726 Views 0 comment Print

Supreme Court held that without the compressors and the pipes necessary to pump the dredged material, the cutter dredger would cease to function as such. Accordingly, benefit of NIL rate of duty in terms of notification no. 21/2002-CUS dated 01.03.2002 duly available.

Depreciation @15% is allowable on Robotix kits and not @60%

March 30, 2023 729 Views 0 comment Print

ITAT Chennai held that as computer and robotix kit is totally different, depreciation @15% and not @60% available on Robotix kits.

Delay of 9 years condoned on reasonable cause of non-receipt of intimation

March 30, 2023 2652 Views 0 comment Print

ITAT Amritsar held that non-receipt of intimation resulted into no action on the part of the assessee. Accordingly delay of 9 years condoned as the assessee had reasonable cause of non-receipt of intimation

Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign

March 30, 2023 1332 Views 0 comment Print

ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if the assessee owns more than one residential house, other than the new asset. The same should be interpreted to mean ownership of residential houses in India. Accordingly, deduction u/s. 54F not deniable if assessee owns two residential houses in USA

Non-compliance inspite of repeated notices led to gross negligence hence cost of Rs. 2,000/- imposed

March 30, 2023 690 Views 0 comment Print

ITAT Jaipur held that non-compliance inspite of repeated notices/ summons has led to gross negligence on the part of the assessee and accordingly matter restored back and cost of Rs. 2,000/- imposed for negligent attitude during income tax proceedings.

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