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Closed assessment cannot be reopened without any actionable material

November 10, 2023 1347 Views 0 comment Print

Delhi High Court held that reopening of closed assessment which has reached culmination without any actionable material is unsustainable in law and hence liable to be quashed.

Classification of gold coins directed to be decided afresh

November 9, 2023 2427 Views 0 comment Print

Delhi High Court directed to decide afresh whether imported article i.e. gold coins are classifiable under CTH 7114 1910 or 7118 9000 bearing in mind the findings on the scope of those two entries.

Reopening u/s. 148 beyond 4 years in absence of full & true disclosure of material facts unsustainable

November 9, 2023 1938 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period of four years in absence of full and true disclosure of material facts is bad in law.

Corpus Donations Taxable in Absence of Section 11 Exemption

November 9, 2023 8532 Views 0 comment Print

ITAT Chennai held that corpus donations received by the Trust is income of the Trust when the Trust is not entitled for the exemption under section 11 of the Income Tax Act.

Kerala HC Directs Correction in GSTR-3B via Appellate Authority under Section 107

November 9, 2023 1599 Views 0 comment Print

Kerala High Court held that the petitioner should approach the appellate authority under Section 107 of the Central Goods and Services Tax Act for getting permission to correct mistake in Form GSTR-3B.

Section 80G Registration doesn’t Preclude Trust from availing Section 115BBC(2)(b) benefit

November 9, 2023 1335 Views 0 comment Print

ITAT Mumbai held that merely because an assessee is registered u/s 80G of the Act will not automatically mean that such Trust cannot have any religious purpose and therefore cannot avail benefit of Section 115BBC(2)(b) of the Income Tax Act.

Penalty based on notice containing erroneous category of service is illegal

November 9, 2023 1182 Views 0 comment Print

Supreme Court held that levy of penalty on the basis of a show cause notice containing a completely erroneous category of service is illegal.

Service tax demand on job-work activity under Manpower Recruitment or Supply Agency Service unsustainable

November 9, 2023 1305 Views 0 comment Print

CESTAT Ahmedabad held that as the contract is for job-work carried out by the appellant for the service recipient. The same doesn’t fall under the category of Manpower Recruitment or Supply Agency Service and therefore the service tax demand unsustainable.

Duty on clandestine clearance unsustainable in absence of tangible evidence establishing appellant as manufacturer

November 9, 2023 774 Views 0 comment Print

CESTAT Ahmedabad held that fact of clandestine manufacture and clearance thereof is established, however, since there is no clinching tangible evidence or any corroborative evidence to establish the appellant as a manufacturer, liability of duty, penalty cannot be fastened.

Penalty u/s 271(1)(b) unjustified as special audit report u/s. 142(2A) submitted within extended time

November 8, 2023 708 Views 0 comment Print

ITAT Chandigarh held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act unjustified as special audit completed u/s. 142(2A) and audit report submitted within the extended time limit provide by AO.

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