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Addition for Unexplained Jewellery – ITAT grants relief considering Status & Traditional Practices

March 13, 2023 486 Views 0 comment Print

Mohamed Mohideen Ayesha Nasreen Vs ACIT (ITAT Chennai) ITAT held that it could be seen that assessee is living with her husband and three children (Two daughters and one son) in USA. She has got married in the year 2003. In this letter, the assessee has submitted that approx. 1201 grams of jewellery belong to […]

Unjust enrichment not attracted to deposit during investigation or to pre-deposit for appeal

March 13, 2023 1839 Views 0 comment Print

Apex Court held that unjust enrichment not attracted where amount is deposited during investigation and pendency of appeal, as such deposits are under protest or in the nature of pre-deposit.

Cultivation of high quality foundation seeds of peas, wheat, paddy & potato is agricultural activity

March 13, 2023 864 Views 0 comment Print

Malook Singh Vs PCIT (ITAT Delhi) CIT(A) held that cultivation of high quality foundation seeds of peas, wheat, paddy and potato is different from normal agricultural activity. Against this, the assessee has submitted all the bills & vouchers for expenses like lease rent, power bills, fertilizer, seeds, labour, wages and details of sale and mandi […]

HC Grants Bail to Consultant in case of alleged Bribery to Income Tax Superintendent

March 13, 2023 1056 Views 0 comment Print

Mehboob Jaffer Ali Shaikh Vs Central Bureau of Investigation (Bombay High Court) 1. This is an application for bail pending final disposal of Criminal Appeal No.157 of 2023 preferred by the Applicant against the Judgment and order dated 12/01/2023 passed by learned Special Judge, CBI, Greater Bombay in Special Case No.116 of 2013. The applicant […]

When software itself is not taxable, the training & related activities cannot be held to be FTS

March 12, 2023 1257 Views 0 comment Print

When software itself is not taxable, the training and related activities concerned with utilization & installation cannot be held to be FTS.

ITAT restores ex-parte Assessment to AO & Imposes cost of Rs. 25000 per assessment year on Assessee

March 12, 2023 1536 Views 0 comment Print

Raghunath Jew School of Management Studies Vs ITO (Exemption) (ITAT Cuttack) The facts in the present appeals clearly show that the assessments have been done ex-parte on account of the fact that the books of accounts and bills & vouchers were not produced before the AO. It is also an admitted fact that the assessee […]

GST Council Newsletter for the month of February, 2023

March 12, 2023 2682 Views 0 comment Print

Government reduced the rate of GST from 18% to 5% in case of ‘Rab’ when it is sold in pre­packaged and labelled form and in all other cases the rate of tax will be ‘Nil’.

Oblivious status of appeals before CIT(A)

March 11, 2023 5817 Views 1 comment Print

Appeals filed half a decade ago (and even a decade ago in some cases), are yet to decide the fate of the taxpayer who is anxiously anticipating a favourable outcome.

Adjustment of duty drawback against pre-deposit under Section 129E of Customs not permissible

March 10, 2023 777 Views 0 comment Print

Colour Cottex Pvt Ltd Vs Commissioner of Customs (Exports) (Delhi High Court) Delhi High Court  find merit in Revenues contentions that the relief directing adjustment of duty drawback against the petitioner’s obligation to make a pre-deposit under Section 129E of the Customs Act is not permissible. The nature of a claim for duty drawback is […]

Limitation period in case of GST Refund rejection – Rule 89(1A)

March 10, 2023 5640 Views 0 comment Print

Gajraj Vahan Private Limited Vs State of Jharkhand (Jharkhand High Court) As per the amended Rule 89 (1A) of CGST Rules, 2017 and Circular dated 25.09.2021, the limitation period for seeking refund would be two years from the date of the instant notification i.e. 24.09.2021. However, in the face of rejection order, petitioner cannot make […]

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