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No addition for cash deposit post demonetization merely on presumptions

November 24, 2022 1095 Views 0 comment Print

Kaliannan Ganesan Vs ITO (ITAT Chennai) It transpired that the assessee made cash deposits of Rs.13.30 Lacs post demonetization as tabulated assessment order. Accordingly, the assessee was directed to substantiate the source of the same. The assessee is stated to be engaged in poultry farm business and trading of eggs. AO held that there was […]

Service Tax deposit cannot be withheld if service tax was not applicable

November 23, 2022 2127 Views 0 comment Print

In the present case service tax was not applicable and that no demand of service tax has ever been raised by concerned department. Consequently, retention of aforesaid security money deposited by petitioner is per se not justified.

Adjudicating authority supposed to give details of methodology in stock taking

November 23, 2022 345 Views 0 comment Print

Adjudicating authority was supposed to give the details of methodology in stock taking and also allowed the cross-examination of panchas

Appeal effect order has to be passed within 3 months of passing appeal order

November 23, 2022 9429 Views 0 comment Print

KRBL Limited Vs DCIT (Delhi High Court) Court is of the view that the Respondents-Revenue have had sufficient time to file an appeal against the order of the ITAT. In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing the appeal order. FULL […]

ITAT quashes reassessment order as notice was issued on incorrect facts without application of mind

November 22, 2022 1497 Views 0 comment Print

Bhavmeet Singh Bhatia Vs ACIT (ITAT Delhi) AO noted that the assessee has not filed the return of income for AY 2011-12 whereas the copy of the return of income available in assessee’s paper book clearly reveals that the assessee did file the return of income for AY 2011-12. It is also clearly discernible that […]

‘Welding electrodes’ eligible for MODVAT credit

November 22, 2022 543 Views 0 comment Print

Manikgarh Cement Vs Commissioner of Central Excise (CESTAT Mumbai) The question that arises is whether ‘welding electrodes’ are ‘consumables’ as held by the original authority or are used in the manufacture of excisable goods and, therefore, eligible for MODVAT credit as claimed by the assessee. It is the claim of the appellant that within ‘capital […]

Google Reviews not have any Legal Evidentiary Value, HC allows bail

November 16, 2022 1002 Views 0 comment Print

The argument addressed by the learned HCGP that the google search discloses that the petitioner has cheated number of persons which is evident from the review cannot be accepted as it does not have any legal evidentiary value.

ITAT upheld addition for LTCG of accommodation/bogus entries through penny stock companies

November 16, 2022 2574 Views 0 comment Print

Manish Goel Vs ITO (ITAT Kolkata) ITAT find that in the case of Swati Bajaj (supra), the facts before the Hon’ble Jurisdictional High Court, were that the assessee has claimed exempt income under section 10(38) of the Act at Rs.28,23,500/- from sale of equity shares of a listed company namely Surabhi Chemicals & Investment Limited. […]

If classification proposed by Revenue is incorrect, than classification declared by appellants cannot be disturbed

November 16, 2022 1014 Views 0 comment Print

Utkarsh Chemicals Vs C.C. Mundra (CESTAT Ahmedabad) The common issue involved in all the appeals of the bunch as well as in the present appeals is of classification of goods declared by the appellant as Bed Cover and the revenue’s claim is that imported goods is ‘polyester woven fabric’ classifiable under CTH 54075490. Brief facts […]

Requirement of Registration of foreign food manufacturing facilities as per Food Safety and Standards (Import) First Amendment Regulations, 2021 dated 03.11.2021

November 14, 2022 942 Views 0 comment Print

Instruction No. 30/2022 -Customs F. No. 401/66/2022-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) Room No. 229 A, North Block New Delhi, dated the 14th November, 2022 To All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive)/ Customs & Central Tax All Principal Chief Commissioner […]

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