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Initiation of re-assessment based on material already on record is bad-in-law

October 16, 2023 2055 Views 0 comment Print

Madras High Court held that initiation of proceedings for reassessment under section 147 of the Income Tax Act based on material already on record and without new/ tangible information is bad-in-law and liable to be quashed.

Penalty u/s. 271(1)(c) unjustified as voluntary deposit was done before receipt of notice u/s 148

October 16, 2023 867 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as voluntary deposit of tax was done before receiving notice under section 148 of the Income Tax Act.

Imposition of penalty u/s. 271(1)(b) within time limit contemplated in section 275(1)(a) justified

October 16, 2023 4266 Views 0 comment Print

ITAT Raipur held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act within the time period contemplated in clause (a) of sub-section (1) to Section 275, i.e six months from the end of the month in which appellate order was received is duly justified.

Addition u/s 68 unjustified as sufficient evidences placed to discharge initial onus

October 16, 2023 912 Views 0 comment Print

ITAT Delhi held that assessee has placed sufficient evidences to discharge initial onus to explain the nature and source of loans. Accordingly, addition u/s. 68 of the Income Tax Act towards unsecured loan unjustified.

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

October 16, 2023 1554 Views 0 comment Print

ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 2012-2013 unwarranted as power to levy fees has come into effect only from 01.06.2015

‘Bakery Shortening’ and ‘Vanaspati’ are same commodities under Sales Tax Law

October 16, 2023 861 Views 0 comment Print

Allahabad High Court held that both the goods i.e. ‘Bakery Shortening’ and ‘Vanaspati (hydrogenated vegetable oil)’ are being treated as one under Central Excise Tariff Act as well as Customs Tariff Act. Hence, both are to be treated as same even under Sales Tax Law.

Revocation of customs broker licence for violating obligation under regulation 10 of CBLR, 2018 unwarranted

October 16, 2023 582 Views 0 comment Print

CESTAT Chandigarh held that extreme penalty of revocation of custom broker licence for violating obligation under regulation 10 of CBLR, 2018 unwarranted, however, imposition of penalty and forfeiture of security justified.

Receipts taxable under FTS/FIS on failure to prove basis of cost allocation

October 16, 2023 765 Views 0 comment Print

ITAT Mumbai held that receipts taxable under Fees for Technical/ Included Services (FTS/FIS) as assessee failed to prove that it is actual reimbursement as there is no basis of allocation or actual cost incurred for affiliates.

Service tax leviable on provision of service relating to inspection and certification of export goods

October 16, 2023 288 Views 0 comment Print

CESTAT Delhi held that service provided by technical, inspection and certification agency in relation to inspection and certification of export goods is liable to service tax under ‘Technical, Inspection and Certification Service’.

Court directs Excise Commissioner to reconsider claim of petitioner vis-à-vis distance between Temple and Bar

October 16, 2023 603 Views 0 comment Print

Kerala High Court set aside the order with direction to Excise Commissioner to reconsider the claim of the petitioner and decide the distance as per Abkari Laws since there is a Temple right opposite to the bar in question.

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