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CGST Dept Can’t Institute Legal Proceedings on NCLT Liquidated Corporate Debtor’s Property: HP HC

October 4, 2024 861 Views 0 comment Print

Assessee-company was engaged in the business of manufacturing and trading of Inverters & Batteries and had its factory premises in Himachal Pradesh. For running its operations, it had availed various facilities from financial creditors and also with SBI.

Assessee Must Prove Genuineness to Contest Section 68 Addition for Unexplained Cash Deposits During Demonetization

September 30, 2024 1338 Views 0 comment Print

It was held that assessee to provide concrete evidence establishing the genuineness of the cash deposits in accordance with CBDT Circular wherein the various instructions had been issued by CBDT dated 21.2.2017, 3.3.2017, 15.11.2017 & 9.8.2019.

Collection of cess by Agricultural Market Committee was not Tax but a fee for its services

September 30, 2024 2394 Views 0 comment Print

Fees collected by the agricultural market committee for its services were not tax  and was generally defined to be a charge for a special service rendered to individuals by some Governmental agency.

TDS order passed beyond four-year time limit u/s 201(1) was Invalid

September 30, 2024 5031 Views 0 comment Print

AO passed TDS order issued for non–deduction of TDS and interest thereon u/s 201(1) and 201(1A) was beyond the four-year limit and the same was barred by limitation under section 201(1) was invalid.

Reassessment Invalid Due to Six-Day Notice Period Under Section 148A(b) Instead of Required 7 Days

September 30, 2024 1428 Views 0 comment Print

Reassessment notice issued to assessee by AO was quashed due to non-compliance with the statutory requirement of providing a minimum of seven days for the taxpayer to furnish a reply under Section 148A(b).

Matter Remanded: Delay in Filing Form 10AB Not Grounds for Rejecting Registration Under Section 80G(5)

September 30, 2024 5106 Views 0 comment Print

Assessee had filed Form No.10AB under section 80G(5). Although, assessee-trust was registered on 01.09.2013, it received provisional approval on 16.09.2022 under first proviso to section 80F (5) (iv), valid until AY 2025-26.

Proceedings Against MP Abhishek Banerjee and Wife in Coal Scam Deemed ‘Judicial’; Statements Admissible Under PMLA

September 28, 2024 1068 Views 0 comment Print

During the course of investigation of the FIR in respect of theft of Coal and illegal excavation being done by the criminal elements in the leasehold area of ECL, a large number of vehicles/ equipment’s used in the illegal coal mining and its transportation were seized.

Tribunal held no pari materia between Section 37 of MVAT Act, Section 33 of MPVAT Act & Section 48 of GVAT Act

September 27, 2024 816 Views 0 comment Print

Section 37 of the Maharashtra Value Added Tax Act, 2002 ( MVAT Act ) and Section 33 of the Madhya Pradesh Value Added Tax Act, 2002 (“MPVAT Act”) are not pari materia with Section 48 of the Gujarat Value Added Tax Act, 2003 ( GVAT Act ).

Reassessment was quashed on cash deposits due to AO’s vague reasoning and non-application of mind

September 27, 2024 3201 Views 0 comment Print

Reassessment order was quashed on cash deposits as AO did not possess any credible information to form a belief that income had escaped assessment and there was non-application of mind for reopening the matter.

CESTAT confirms classification of imported brake pad materials under CTH 6813, not CTH 3824

September 27, 2024 1035 Views 0 comment Print

In the instant case, the classification of imported materials used in the manufacture of brake pads arose for consideration was whether these materials should be classified under CTH 3824 as declared by assessee or under CTH 6813 as argued by Revenue.

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