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Demand of Interest under Section 28AA of Customs Act is Statutory & Automatic: Bombay HC

November 27, 2024 1044 Views 0 comment Print

The respondents issued a show cause notice u/s. 28 and 124 of the Customs Act alleging a shortage of stock of diamonds imported after taking into account the exports effected, resulting evasion in customs duty to substantial extent.

Section 68 Addition Set Aside Due to Lack of Independent Investigation by AO: ITAT Surat

November 27, 2024 1377 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act is not sustainable since AO has not made any independent investigation of fact. Accordingly, ad hoc disallowance @10% upheld to avoid the possibility of revenue leakage.

Actual Turnover of Licensed Chillies Commission Agent is Gross Commission Charged: ITAT Vishakhapatnam

November 27, 2024 1386 Views 0 comment Print

Tribunal in the case of Yegneswari General Traders vs. ITO has held that based on CBDT circular no. 452 it is clear that Kaccha Arahtias turnover includes only the gross commission and not the sales effected on behalf of their principals.

Custom Broker not required to do continuous surveillance at physical address of exporter: Delhi HC

November 27, 2024 507 Views 0 comment Print

The present appeal is filed by the revenue. Notably, the respondent is a Custom Broker. It was alleged that certain exports facilitated by the respondent which were made by the exporters, who are allegedly found to be non-existent at their principal place of business.

Interest on Delayed Refund Payable under Section 56 of CGST Act: Bombay HC

November 27, 2024 1236 Views 0 comment Print

Bombay High Court held that interest on delayed refund is payable as per section 56 of the Central Goods and Services Tax Act (CGST Act) and the period for grant of interest would begin on expiry of 60 days from the date of the shipping bill.

Case Remanded for Fresh Consideration Due to Non-Appearance Before CIT(A)

November 26, 2024 693 Views 0 comment Print

The assessee is an individual, engaged in the business as Kerosene dealers in Rajahmundry. The case of the assessee was selected for scrutiny under CASS “Limited Category” to verify the sources for “Cash deposits during demonetisation period”.

Light Motor and Transport Vehicles Not Separate Classes for Licensing: SC

November 26, 2024 1524 Views 0 comment Print

Supreme Court held that a driver holding a license for Light Motor Vehicle (LMV) class, under Section 10(2)(d) for vehicles with a gross vehicle weight under 7,500 kg, is permitted to operate a ‘Transport Vehicle’ without needing additional authorization under Section 10(2)(e) of the MV Act.

Eligibility Criteria for Recruitment Cannot Be Changed Midway: SC

November 26, 2024 2097 Views 0 comment Print

Supreme Court held that eligibility criteria, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit.

Allowing Premature Redemption of Sec 54EC Bonds Beyond Court Scope: HC

November 26, 2024 1485 Views 0 comment Print

The petitioner sold his residential property and based on an advise invested the sale proceed in the bonds issued by the Respondent – Power Finance Corporation in order to avail the benefit of capital gain tax exemption.

Unexplained Investment & Loss Set-Off Case Remanded to AO for Lack of Details

November 26, 2024 609 Views 0 comment Print

The assessee has not filed any return of income. As per the information, the reasons were recorded and subsequently the case was reopened u/s. 147 of the Income Tax Act. In response to the notice u/s. 148 of the Act, the assessee did not file any reply.

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