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Reassessment proceedings initiated by mistake is liable to be set aside

November 6, 2023 612 Views 0 comment Print

Delhi High Court held that a mistake has been made in triggering reassessment proceedings against the petitioner as no impugned transactions have been carried out by the assessee and accordingly, re-assessment proceedings initiated u/s. 148 of the Income Tax Act is set aside.

Statutory restriction contained in Section 37(1)(b)(ii) of NDPS Act gets overrides due to prolonged incarceration

November 6, 2023 501 Views 0 comment Print

Delhi High Court granted bail as prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 2319 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Confiscation of gold unsustainable as ownership and acquisition of gold proved via documentary evidence

November 6, 2023 1059 Views 0 comment Print

CESTAT Allahabad held that legal ownership and acquisition of gold proved via documentary evidence on the other hand, the Department has not been able to provide any iota of evidence to show that the seized gold bar was smuggled. Thus confiscation under Section 121 Customs Act is unsustainable

Zarda/jarda scented tobacco not being specified under MRP based assessment had to be assessed u/s 4 of CE Act

November 6, 2023 705 Views 0 comment Print

Supreme Court held that Notification No. 2 of 2006 dated 01.03.2006 didn’t specify the goods falling under CET SH 2403 9930, i.e., ‘zarda/jarda scented tobacco’, but it covers the goods falling under CET SH 2403 9910 i.e., ‘chewing tobacco’.

Arrest illegal as grounds of arrest not conveyed in writing

November 6, 2023 786 Views 0 comment Print

Punjab and Haryana High Court held that non-conveying of grounds of arrest in writing is not sufficient compliance of the provisions of Section 19 of the PMLA and Article 22 of the Constitution of India. Accordingly, arrest of the present petitioner illegal and cannot be sustained.

Commission @2% of accommodation entries is as per prevailing market rate and hence sustainable

November 6, 2023 1107 Views 0 comment Print

ITAT Delhi held that commission taxed @2% of the amount of accommodation entries provided by the assessee has not been made on ad hoc basis, however, the same is as per prevailing market rate. Accordingly, the addition is sustained.

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

November 6, 2023 372 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 2061 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 717 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%.

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