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Addition without providing copies of seized materials – HC upheld deletion

April 16, 2023 1473 Views 0 comment Print

PCIT (Exemption) Vs Bishandayal Jewellers (Orissa High Court) Before the CIT(A), the Assessee claimed that the Assessing Officer (AO) had not given copies of the seized materials extracted from the hard disk and the pen drive. The CIT( A) called for a remand report from the AO. By the time, the remand report could be […]

Passport needs to be considered to determine Residential Status of Assessee

April 15, 2023 2871 Views 0 comment Print

Narayanan Subramaniam Vs ACIT (ITAT Delhi) Controversy involved is primarily with regard to question if the assessee had non­-residential status for the relevant Assessment Year 2017-18 and the ld AO had held it against the assessee on the basis that his stay for more than 180 days abroad was not supported by any evidence including […]

CESTAT allows SAD Refund as No Limitation prescribed under Original Notification

April 15, 2023 1002 Views 0 comment Print

Refund claim of SAD is not time barred as no such limitation is prescribed under original notification no.102/2007-Customs. It was also held that period of limitation for first time cannot be introduced through subordinate legislation or notification.

Non-specification of limb of notice render section 271(1)(c) penalty proceedings invalid

April 15, 2023 1134 Views 0 comment Print

Non-specification of limb of the notice would render section 271(1)(c) penalty proceedings invalid. ITAT held that notice u/s 271(1)(c) is omnibus notice, thus defective which goes to the root of the matter. Accordingly the appeal of the assessee stands allowed.

Section 234E late fee Not Leviable for Belated TDS return filed Prior to 01.06.2015

April 15, 2023 738 Views 0 comment Print

While processing of TDS statement, the late fee, if any shall be computed in accordance with provisions of Section 234E of the Act. As a corollary, prior to amendment under Section 200A of the Act, levy of fee under Section 234E during processing of TDS statement is not tenable.

Licence for ‘IMFL Restaurant ON Shop’ cannot be rejected for mere non-filing of GST return

April 15, 2023 282 Views 0 comment Print

Galaxy Bar and Restaurant Vs State of Odisha and others (Orissa High Court) Aggrieved by the non-grant of a licence for an IMFL Restaurant ON Shop under the name and style as ‘Galaxy Bar and Restaurant at Nayagarh’, the Petitioner has filed the present writ petition seeking a direction to the Opposite Parties to process […]

No Service Tax on Consideration for Composite Construction Services before 01.06.2007

April 15, 2023 615 Views 0 comment Print

Whether appellants liable to pay service tax on consideration received for construction services which are composite in nature including both supply of materials and provision of services for the period prior to 01.06.2007.

Adjudicating Authority cannot deny benefit granted by CESTAT without filing appeal against such order

April 15, 2023 534 Views 0 comment Print

CESTAT held that when Tribunal given a specific direction to extend cum-duty benefit to appellant, Adjudicating Authority ought to have calculated demand after granting benefit.

SAD refund claim not time barred as no limitation is prescribed under original Notification

April 15, 2023 1275 Views 0 comment Print

CESTAT held that refund claim of SAD is not time barred as no such limitation is prescribed under original Notification No.102 of 2007-Customs dated 14.09.2007

Clearing of railway coaches without payment of duty – CESTAT upheld interest & penalty

April 15, 2023 486 Views 0 comment Print

Integral Coach Factory Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts of the case are that appellants are engaged in the manufacture of railway coaches and are registered with the Central Excise Department. On specific intelligence that they were clearing railway coaches without payment of duty, the officers of the Preventive Unit […]

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