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Claim of enhanced amount of carry forward loss in revised return filed within time permitted u/s 139(5) allowable

March 25, 2023 8688 Views 0 comment Print

ITAT Pune held that once a revised return is filed within the time permitted u/s.139(5), it substitutes the original return in all respects. Accordingly, claim of enhanced amount of carry forward of loss vide revised return is allowable.

No addition/ disallowance u/s 153C without incriminating material found during third person search

March 25, 2023 3357 Views 0 comment Print

ITAT Mumbai held that no additions or disallowances can be made u/s. 153C of the Income Tax Act in absence of any incriminating material found during the search on a third person.

Allegation of fake credit availment by supplier cannot be ground to reject refund application

March 25, 2023 3255 Views 0 comment Print

Delhi High Court held that rejection of refund application on allegation of fake credit availed by the supplier is unsustainable in absence of any establishment of non-supply of goods from the said supplier.

Service tax not payable till 01/07/2010 by builder/developer/promoter for constructing complex for his customer

March 25, 2023 1491 Views 0 comment Print

CESTAT Chennai held that as per explanation to section 65(105)(zzzh) was added on 01/07/2010, builder/ developer/ promoter getting residential complex constructed for his customer and entering into individual agreements will be treated as deemed provider of construction of residential complex service. Accordingly, no liability of service tax will arise prior to 01/07/2010.

Customs Authority not bounded by DGCA while deciding compliance of condition 104 of Notification No. 21/2002-Cus.

March 25, 2023 849 Views 0 comment Print

Delhi High Court held that whether condition 104 of Notification No. 21/2002-Cus. dated 01.03.2002 is complied or not is required to be considered by the Customs Authorities and Customs Authorities are not bounded by the decision of DGCA.

Personal bond instead of bank guarantee as condition for stay of assessment order allowed

March 25, 2023 1134 Views 0 comment Print

Madras High Court allowed the writ petition and directed acceptance of personal bond instead of bank guarantee, as condition for stay of assessment order, pending disposal of appeal in VAT demand matter.

Cash deposits in retail business cannot lead to belief that income has escaped assessment

March 25, 2023 1830 Views 0 comment Print

Bombay High Court held that being in retail business of electronic appliances, cash deposits from various places cannot be doubted be considered suspicious transactions. Accordingly, cash deposits in crores cannot lead to a belief that the income has escaped assessment. Re-opening unjustified.

Reassessment proceedings without any new tangible material is unsustainable in law

March 25, 2023 1299 Views 0 comment Print

Bombay High Court held that re-assessment proceedings, in absence of any failure to disclose any material fact and without any new tangible material which was not available at the time of passing of the original assessment order, is unsustainable.

Initiation of CIRP ordered as petition filed u/s. 7 of IBC is complete in all respect

March 25, 2023 963 Views 0 comment Print

NCLT Delhi ordered initiation of CIRP as petition filed u/s. 7 of the Insolvency and Bankruptcy Code, 2016 by Financial Creditor is complete in all respect and it is clearly established that the Corporate Debtor is in default of a debt more than the minimum amount stipulated u/s. 4 (1) of the Code

Fees received towards live transmission not taxable as ‘royalty’ in terms of section 9(l)(vi)

March 25, 2023 1512 Views 0 comment Print

ITAT Delhi held that there is no copyright on live events, and therefore, the fee received towards live transmission cannot be taxed as royalty in terms of Section 9(l)(vi).

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