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Transfer order of Joint Commissioner justified in absence of any malafide intentions

September 13, 2023 1077 Views 0 comment Print

Himachal Pradesh High Court held that transfer order for transfer of Joint Commissioner of State Taxes and Excise from the office of Parwanoo to Shimla justified as allegations of malafide intentions not established with material evidences.

Section 263 Revision Sustained as AO not examined Seized Documents

September 13, 2023 750 Views 0 comment Print

ITAT Chennai held that assessment order passed without examining the seized documents is prejudicial to the interest of revenue and hence the revisionary order passed under section 263 of the Income Tax Act duly sustainable.

Order passed without hearing appellant is against principles of natural justice

September 13, 2023 1656 Views 0 comment Print

Madras High Court held that assessment order passed without hearing the appellant is cannot be sustained as the same is in violation of the principles of natural justice. Matter remanded for fresh adjudication.

Preference to CAs over Cost Accountants for post of Director (Finance) is legal: Delhi HC

September 13, 2023 2361 Views 0 comment Print

Delhi High Court held that high-powered body constituted by Government for appointment of top management posts in various Central Public Sector Enterprise cannot be said to have been acted illegally in preferring the Chartered Accountants over Cost Accountants for the post of Director (Finance).

Addition u/s. 69A towards unexplained money based on unsigned unexecuted draft agreement unsustainable

September 13, 2023 6828 Views 0 comment Print

ITAT Delhi held that towards unexplained money u/s. 69A of the Income Tax Act merely on the basis of unsigned unexecuted draft agreement to sale without any other collaborative evidence is unsustainable in law.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 3699 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 825 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 1425 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

GST Proceedings u/s 129(1)(b) is bad when owner of goods comes forward to pay penalty

September 13, 2023 1779 Views 0 comment Print

Allahabad High Court held that proceedings under section 129(1)(b) of the Uttar Pradesh Goods and Services Tax Act, 2017 is bad when the owner of the goods comes forward to pay the penalty.

Allegation of undervaluation of imported goods based on retracted statements unsustainable

September 13, 2023 978 Views 0 comment Print

CESTAT Mumbai held that demand alleging undervaluation of imported goods merely on the basis of retracted statements without corroborative evidences is unsustainable in law.

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