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Relief to assessee on interest expenses addition and partial relief for household expenses disallowance

January 18, 2025 3366 Views 0 comment Print

As regarding disallowance of interest-free loans on unsecured loans, it was concluded that the same were part of routine business transactions and were of short-term nature therefore, no addition for interest charged on the loans.

S.159 applies when reassessment notice was issued during lifetime of deceased assessee

January 18, 2025 1023 Views 0 comment Print

In response to the said notice, the son/legal heir of the deceased assessee submitted a reply on 01 April 2023 wherein he unequivocally apprised the respondent of the demise of his father/assessee, furnishing alongwith a copy of the death certificate as conclusive evidence, and asserted that the notice was null and void ab initio.

Filing of application u/s 95 of IBC by Creditor in his individual capacity or jointly through RP was allowable

January 18, 2025 345 Views 0 comment Print

Where application under section 95 of Insolvency Bankruptcy Code (IBC), 2016 was filed, the same was permitted to be filed by a creditor in his individual capacity or jointly with other creditors or through a Professional (RP).

ITC claim against supplier gone into liquidation was to be adjudicated subject to deposit of 10% of disputed taxes

January 18, 2025 606 Views 0 comment Print

Assessee was a dealer in Iron and Steel, had filed its returns and paid the necessary taxes for the 2019-20 period. However, discrepancies were found, including the claim of ITC from a supplier whose taxes had not been filed.

Construction of Canals/Pipelines for Government Use Not Exigible to Service Tax

January 16, 2025 261 Views 0 comment Print

Construction of canals/ pipelines/ conduits to support irrigation, water supply or for sewerage disposal, when provided to the Government, could not be exigible to service tax. Once tax was not payable in law, there was no authority for the department to retain such an amount.

CIT(A) to Reassess LTCG Claim Due to New Evidence Submitted by Assessee: ITAT Ranchi

January 16, 2025 420 Views 0 comment Print

CIT (A) was directed to reassess the long-term capital gain (LTCG) claim as it was found that new evidence submitted by assessee had not been considered during the earlier proceedings.

Madras HC Permits Adjustment of GST Payments Toward 10% Pre-Deposit

January 15, 2025 726 Views 0 comment Print

Where any amounts recovered or paid, including pre-deposits made in Goods and Services Tax ( GST ) appeal, the same should be reduced or adjusted against the mandatory 10% pre-deposit requirement.

Madras HC allows Final Hearing for GST Mismatch with 25% Tax Payment

January 15, 2025 285 Views 0 comment Print

During the relevant period 2018-19, assessee filed its returns and paid the appropriate, however, on scrutiny of the returns it was found that there was mismatch between GSTR 3B, GSTR 1 and GSTR 9.

Importation of tyres without BIS markings were liable for confiscation u/s 111 of Customs Act

January 15, 2025 375 Views 0 comment Print

Goods (tyres) imported by assessee was without any BIS markings being in violation of the statutory provisions were not permissible to be imported, and hence they were liable for confiscation under Section 111 of the Customs Act.

No revision as ITC was required to be reversed on lubricants for traders under UP VAT Act

January 14, 2025 273 Views 0 comment Print

Once the lubricant became a taxable item at the hands of the manufacturer and importer, it became non-VATable good for the trader, therefore, ITC in relation to lubricants was required to be reversed.

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