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Addition only for net profit element embedded in alleged undisclosed sale if purchase not doubted

April 15, 2023 1716 Views 0 comment Print

ITO Vs Manumati Boro (ITAT Guwahati) Revenue has challenged the finding of the ld. CIT(A) deleting the addition for undisclosed sale and sustaining the addition only to the extent of net profit element embedded in the alleged undisclosed sale. We notice that the ld. Assessing Officer based on the seized records impounded during the course […]

Section 263 proceeding initiated without inquiry – CIT(E) failed to consider capital expenditure

April 15, 2023 393 Views 0 comment Print

CIT (Exemptions) Vs Kalinga Institute of Industrial Technology (Orissa High Court) On 12th January 2022, the CIT (E) issued a show cause notice (SCN) to the Assessee under Section 263 of the Act stating that a sum of Rs.1,11,54,33,001/- collected as development fees from its students had been directly carried to the balance sheet under […]

Ex Parte Order on first day of hearing violates Principles of Natural Justice

April 15, 2023 12126 Views 0 comment Print

Deciding appeal on ex parte basis on very first day of hearing is unjustified & such order is vitiated due to violation of principles of natural justice

Transfer of Income Tax cases – HC denies anticipatory Bail in corruption case

April 15, 2023 810 Views 0 comment Print

The main plea of the petitioners is that the anticipatory bail of these petitioners stand on a better footing than that of two co-accused who have been admitted on interim bail by the Hon’ble Supreme Court who were the Chartered Accountants and against whom there is direct allegation of paying illegal gratification to the principal accused and they were instrumental in getting the accounts of different Income Tax assessees transferred from Kolkata to Ranchi.

No service tax on services of Treating Effluents Discharged from Member Units

April 15, 2023 768 Views 0 comment Print

CESTAT held that activity of treatment of effluent water is exempt from Service Tax under Notification No. 08/2017-S.T. dated 20.02.2017

GST Section 112(8): Interest Component should be part of remaining tax? HC to decide

April 15, 2023 2709 Views 0 comment Print

Appellant submitted that interest on disputed tax does not come within expression remaining tax for Section 112(8) of CGST Act, 2017

Section 263 cannot be invoked on issue on which AO passed order after considering detailed reply of Assessee

April 15, 2023 597 Views 0 comment Print

PCIT Vs Karan Polymers Pvt. Ltd (Calcutta High Court) Short issue involved in the instant case is whether assumption of jurisdiction by PCIT under Section 263 of the Act was justified. The learned Tribunal noted that the issue based on which the PCIT assumed jurisdiction under Section 263 of the Act was the very same […]

Delhi High Court sets aside GST Cancellation order passed in violation of Natural Justice

April 15, 2023 843 Views 0 comment Print

Order cancelling petitioner’s GST registration passed in violation of principles of natural justice, is liable to be set aside.

Customs Act: Penalty cannot be imposed on mere Contradictory Statements

April 15, 2023 711 Views 0 comment Print

Sunil Garg Vs C.C. (CESTAT Ahmedabad) Appeal is filed against penalty imposed by the Adjudicating Authority under section 112(a) and 114AA of the Customs Act, 1962. Learned counsel appearing on behalf of the appellant submits that there is contradiction in the statement of the appellant as well as the third party. Therefore, these statements cannot […]

Rejection of Claim under J&K Budgetary Support Scheme – HC directs reconsideration

April 15, 2023 963 Views 0 comment Print

Coromandel International Ltd Vs Union of India and others (Jammu and Kashmir High Court) It is submitted that petitioner, applied for reimbursement by way of Budgetary support for the period, January 2020 to March 2020 and April 2020 to June 2020 before Central Tax Authorities. The Adjudicating Authority illegally and arbitrarily rejected the reimbursement under […]

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