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Order remanding matter set aside as all elements already considered at time of finalization of provisional assessment

October 18, 2023 450 Views 0 comment Print

CESTAT Kolkata held that order of Commissioner (A) remanding the matter set aside as the Order-in-Original passed by the Deputy Commissioner has taken into account all such elements at the time of finalisation of provisional assessment.

Cancellation of GST registration upheld as no business was conducted from place of business

October 18, 2023 1707 Views 0 comment Print

Kerala High Court held that petitioner didnt filed any document for the change of his business place nor supported the claim that business was being run from the registered address. Accordingly, cancellation of GST registration upheld.

Deduction u/s 80IB(10) is available to joint venture/ firm and not to partner

October 18, 2023 309 Views 0 comment Print

ITAT Hyderabad held that deduction u/s. 80IB(10) of the Income Tax Act is applicable to an undertaking developing and building housing projects. The same is not applicable to a partner in a joint venture/partnership firm.

Revisionary proceedings u/s 263 exercised only based on facts verifiable from records is unjustified

October 18, 2023 249 Views 0 comment Print

ITAT Kolkata held that exercising revisionary proceedings u/s. 263 of the Income Tax Act purely on facts which are verifiable from records of the assessee is not justifiable and hence liable to be quashed.

Unjustified Section 68 Addition: Gold Sale Cash Receipts Recorded in Books

October 17, 2023 2064 Views 0 comment Print

ITAT Ahmedabad rules on the treatment of cash receipts from sale of gold/gold ornaments in case of Abhishek Prakashchand Chhajed Vs ITO.

Goods imported by research institution is exempt from payment of customs duty

October 17, 2023 477 Views 0 comment Print

CESTAT Kolkata held that the Hydraulic Study Department of Calcutta Port Trust were eligible for the benefit of Notification No. 71/80-Cus dated 26.03.1981 and Notification No. 152/94-Cus dated 13.07.1994. Notification exempts goods which are imported by research institution from payment of customs duty.

Provisions of section 28(va) doesn’t apply in case of termination of call option

October 17, 2023 579 Views 0 comment Print

ITAT Chennai held that the termination of the call option merely relinquishes the right of to buy shares, however, there is no element of non-compete obligation inherent in the agreement and hence provisions of Section 28(va) of the Income Tax Act cannot be triggered.

Order passed u/s 143(3) quashed as notice u/s 143(2) was issued by non-jurisdictional AO

October 17, 2023 7404 Views 0 comment Print

ITAT Raipur held that AO having jurisdiction over the case passed the order u/s 143(3) of the Income Tax Act without issuing notice u/s 143(2). Accordingly, the matter quashed for want of valid assumption of jurisdiction as notice u/s 143(2) was issued by non-jurisdictional AO.

Tinted glass sheets is taxable as ‘goods or ware made of glass’ vide notification no. 5784 dated 07.09.1981

October 17, 2023 540 Views 0 comment Print

Supreme Court held that ‘tinted glass sheets’ is liable to be tax as ‘goods or ware made of glass’ covered within entry no. 4 of notification no. 5784 dated 07.09.1981 and hence the same is taxable.

Absolute confiscation of smuggled gold ordered based on documentary evidences

October 17, 2023 498 Views 0 comment Print

Dive into the Narayan Sharma vs. Commissioner of Customs case at CESTAT Chandigarh, involving the absolute confiscation of smuggled gold. Learn about the facts, statements, and documentary evidence leading to the decision.

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