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Mere non-reference of cash transaction doesn’t render assessment order erroneous and prejudicial

May 18, 2023 1203 Views 0 comment Print

ITAT Raipur held that mere non-reference by AO about the cash transaction entered into by the assesse doesn’t render the assessment order passed by AO as erroneous and prejudicial to the interest of revenue. Accordingly, revisional proceedings u/s 263 unjustified.

Rejection of declared value without examining contemporaneous NIDB data is unsustainable

May 18, 2023 1437 Views 0 comment Print

CESTAT Ahmedabad held that rejection of declared value in terms of rule 12 of the Customs Valuation Rules, 2007 solely on the basis of various letters of different authorities without examining contemporaneous NIDB data is unsustainable in law.

Benefit of deduction of 7.5% of total income available to co-operative banks u/s. 36(1)(viia)

May 18, 2023 1947 Views 0 comment Print

ITAT Cochin held that benefit of deduction of 7.5% of the total income is available to co-operative banks under clause (viia) of section 36(1) of the Income Tax Act.

Declared value rejectable whenever significantly higher value of identical goods noticed

May 18, 2023 2352 Views 0 comment Print

CESTAT Ahmedabad’s verdict on customs valuation rules regarding Kumar Impex’s appeal against reassessment of imported goods’ value under Rule 12.

Non-quoting of DIN renders Income Tax order invalid

May 18, 2023 2580 Views 0 comment Print

ITAT Hyderabad held that non-generation/ non-quoting of Document Identification Number (DIN) in the order will render the order invalid and will be treated as never to have been issued.

Reopening justified as it is based on material satisfying that income has escaped assessment

May 18, 2023 1452 Views 0 comment Print

Gujarat High Court held that in case reopening of assessment based on material which satisfied to harbour reasons to believe that there was escapement of income, then, such reopening of assessment is justifiable.

Maharashtra State Board of Technical Education would fall under definition of ‘state’ as per Article 12

May 18, 2023 1365 Views 0 comment Print

ITAT Mumbai held that the Maharashtra State Board of Technical Education (MSBTE) would fall under the definition of state as per Article 12 of the Constitution of India.

Order passed on non-existing entity is liable to be quashed

May 18, 2023 1593 Views 0 comment Print

ITAT Delhi held that assessment order passed on non-existing entity (dissolved company) is liable to be quashed as the Assessing Officer has the knowledge of the dissolution of the company.

Bagasse is an agricultural waste/ residue & is not result of any manufacturing process

May 18, 2023 996 Views 0 comment Print

CESTAT Mumbai held that bagasse being an agricultural waste/ residue, there could be no manufacturing activity. Accordingly, bagasse is not result of any manufacturing process

Service tax not payable on value of reimbursement of expenditure

May 18, 2023 2076 Views 0 comment Print

CESTAT Delhi held that value of reimbursement of expenditure is not includible in the value of taxable service and accordingly, service tax is not payable on the same.

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