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GST Demand based on order which is already set aside by Tribunal is unsustainable

November 6, 2023 831 Views 0 comment Print

CESTAT Mumbai held that that de novo adjudication order has been set aside by the Tribunal and the subsequent demands raised through Section 73(1A) as well as its conformation having been based on the previous conformation orders, the same is liable to be set aside and we do so.

Addition u/s. 56(2)(vii)(b) due to difference in circle rate & actual amount paid for land sustained

November 6, 2023 2979 Views 0 comment Print

ITAT Delhi held that addition u/s. 56(2)(vii)(b) of the Income Tax Act on account of difference between circle rate and actual amount paid for purchase of land as the land in question was a capital asset.

Computer software being integral for working of hardware are depreciable @60%

November 6, 2023 1101 Views 0 comment Print

Delhi High Court held that the computer software which are necessary and integral for the working of hardware are eligible for depreciation at the rate of 60% instead of 25%.

Supplier of chassis to body-builder who receives body-built vehicle is not manufacturer of body-built vehicle

November 6, 2023 789 Views 0 comment Print

CESTAT Kolkata held that the Appellant is merely supplies the chassis to body-builder and receives the body-built vehicle from the body-builder. Accordingly, Appellant is not the manufacturer of the body-built vehicle. Hence, demand of duty unsustainable.

Notification 01/10-CE Benefits eligible for production from Capacity Expansion After 06.02.2010

November 6, 2023 1083 Views 0 comment Print

CESTAT Chandigarh held that benefit of notification no. 01/10-CE dated 06.02.2010 cannot be denied as commercial production from expanded capacity commenced on or after 06.02.2010.

Order u/s. 148A(d) Without Opportunity of Hearing is Unlawful

November 6, 2023 2745 Views 0 comment Print

Kerala High Court held that order passed under section 148A(d) of the Income Tax Act without granting an opportunity of being heard as required u/s. 148A(b) makes the order unsustainable in law and hence is liable to be set aside.

Assessment framed u/s. 153A without following mandate of section 153C is unsustainable

November 4, 2023 1728 Views 0 comment Print

ITAT Delhi held that assessment framed u/s. 153A of the Income Tax Act based on material found during search on third party without following the mandate of section 153C of the Income Tax Act is unsustainable in law.

Writ not entertained as petitioner chose not to reply to notice and not to appear for hearing

November 4, 2023 1149 Views 0 comment Print

Kerala High Court held that as petitioner failed to reply to the show cause notice and failed to attend the hearing. Thus, petitioner chose not to provide any evidence in respect of his claim of input tax credit. Hence, writ not entertained.

Benefit of preferential rate vide notification 53/2011-Cus allowed as Certificate of Origin submitted

November 4, 2023 708 Views 0 comment Print

CESTAT Kolkata held that benefit of preferential rate vide Notification 53/2011-Cus dated 01.07.2011 not deniable as Certificate of country of origin from Malysia Chamber of Commerce for subsequent import of identical goods afterward submitted.

Notice u/s 274 needs to be issued before limitation period prescribed u/s. 275(1)(c)

November 4, 2023 2448 Views 0 comment Print

Delhi High Court held that the notice under Section 274 of the Income Tax Act should have been issued before the period of limitation as prescribed under section 275(1)(c) of the Income Tax Act.

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