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Labour Court cannot substitute order of dismissal as material hold respondent guilty of charges

December 5, 2024 525 Views 0 comment Print

Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were issued. Notably, it is alleged that a Safal brand one litre oil sachet was found hidden on the tank bag of his two wheeler.

Delay in Income Tax Appeal Condoned: Liberal Approach Needed for Substantial Justice

December 5, 2024 1518 Views 0 comment Print

ITAT Vishakhapatnam condoned 102 days in filing of an appeal before CIT(A) and remanded the matter back to CIT(A) with an observation that sufficient cause should receive liberal construction to advance substantial justice.

Penalty u/s. 271(1)(b) imposable as no plausible explanation given for non-compliance of notices

December 4, 2024 1128 Views 0 comment Print

ITAT Kolkata held that imposition of penalty under section 271(1)(b) of the Income Tax Act justified as no plausible explanation was given by the assessee for non-compliance of notices served by AO.

Refund of excess payment of customs duty rejected as time barred: CESTAT Hyderabad

December 4, 2024 1470 Views 0 comment Print

The appellants had filed a refund claim with Assistant Commissioner of Customs (CRS), Visakhapatnam for Rs.5,03,984/- on 10.08.2023. The said refund claim was that the appellant had paid the Duty twice due to ‘ICEGATE error’.

Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

December 4, 2024 1119 Views 0 comment Print

Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been justified in assuming that the issue of classification was neither questioned nor doubted.

Insulin manufactured using r-DNA technology eligible for customs exemption: CESTAT Chennai

December 4, 2024 624 Views 0 comment Print

CESTAT Chennai held that insulin manufactured using r-DNA technology would qualify as a mono component insulin and hence benefit of exemption notification under Notification No. 12/2012 – Cus. dated 17.03.2012 available.

Mere reporting in GST return doesn’t make amount taxable under Income Tax: ITAT Ahmedabad

December 4, 2024 1173 Views 0 comment Print

Since the Revenue has not brought anything on record to controvert the findings of Ld. CIT(A), we don’t find any reason to interfere with his order. The ground taken by the Revenue is dismissed.

Addition u/s. 69 not sustained since source of investment explained: ITAT Ahmedabad

December 4, 2024 1239 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 69 of the Income Tax Act towards unexplained investment unsustainable since assessee had explained the source of investment in FDs as being from his FD/OD account.

Amount received in lieu of surrender of rights is capital receipt: Telangana HC

December 4, 2024 825 Views 0 comment Print

Telangana High Court held that the surrender of the rights results in impairment of profit making apparatus of the company and thus amount received under agreement for surrender of rights in capital assets is capital receipt. Accordingly, the appeal by revenue dismissed.

Petitioner unaware of GST proceedings: directed to deposit 25% of disputed tax & submit objections

December 4, 2024 537 Views 0 comment Print

Madras High Court held that petitioner being unaware of initiation of proceedings are directed to deposit 25% of disputed tax and submit objections by treating impugned assessment order as show cause notice.

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