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Imposition of GST on differential turnover: matter remitted back due to non-participation in proceedings

November 11, 2024 696 Views 0 comment Print

Madras High Court remitted the matter of imposition of GST on entire differential turnover since petitioner failed to participate in the proceedings and petitioner has deposited 10% of the disputed tax demand.

Unblocking of ITC directed in matter of wrong availment of ITC to allow assessee to file return

November 11, 2024 1074 Views 0 comment Print

Orissa High Court held that proper officer has exercised discretion in intimating petitioner that ITC has wrongly been availed. However, directed unblocking of Input Tax Credit for filing return within prescribed period.

Addition u/s. 68 merely on the basis of investigation report not justified: ITAT Mumbai

November 11, 2024 3546 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unsecured loan unjustified as no information/ material proved that assessee was beneficiary of accommodation entry of loan. Addition merely on the basis of investigation report not justified.

Transferring part of building for managing threshold limit for levy of luxury tax is tax evasion

November 11, 2024 600 Views 0 comment Print

Kerala High Court held that transferring 1st floor of the building to wife for reducing limit below prescribed threshold limit for levy of luxury tax is tax evasion and not tax planning. Hence, petition dismissed.

Addition u/s. 68 based solely on statement provided by third party unwarranted: ITAT Mumbai

November 11, 2024 1872 Views 0 comment Print

The assessee company is engaged in business of manufacturing and has filed the return of income for the assessment year 2012-13 on 27/09/2012 disclosing a total income of Rs.1,21,67,790/- and the return of income was processed u/sec. 143(1) of the Act.

Cultivation & sale of white button mushroom is agricultural activity: ITAT Mumbai

November 11, 2024 1869 Views 0 comment Print

In the alternate, assessee has also raised a ground that Assessing Officer ought to have allowed the expenditure incurred in cultivation of white button mushrooms and also the depreciation from the gross sales.

Foreign Tax Credit eligible for taxes withheld in Japan: ITAT Mumbai

November 11, 2024 996 Views 0 comment Print

ITAT Mumbai held that services rendered by the appellant is taxable in Japan in accordance to Article 12 of the India-Japan DTAA hence Foreign Tax Credit ought to have been granted to Appellant for taxes withheld in Japan.

Deposit of 25% directed due to non-participation in adjudicating proceeding: Madras HC

November 11, 2024 435 Views 0 comment Print

Madras High Court directed depositing of 25% to be deposited via electronic cash register since petitioner failed to participate in the adjudication proceedings. Thus, matter remanded back for fresh order on merits.

Dismissal of appeal due to non-prosecution without adjudicating matter on merits unjustified: ITAT Ahmedabad

November 11, 2024 438 Views 0 comment Print

ITAT Ahmedabad held that dismissal of appeal due to non-prosecution without adjudicating the issue on merits deprives the assessee of fair opportunity of being heard hence violating the principles of natural justice.

Addition u/s. 68 remanded back with direction to file all documents explaining source of cash deposits

November 11, 2024 627 Views 0 comment Print

ITAT Mumbai held that matter regarding addition under section 68 of the Income Tax Act remanded back for fresh consideration directing appellant to file all documents/ details and supporting evidence explaining source of cash deposits.

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