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Excise Duty cannot de demanded on Amortization Cost of Cylinder if same already included in value of packaging material

May 8, 2023 924 Views 0 comment Print

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the demand of duty on cylinder used for printing of packaging material, we find that though the invoice was issued for sale of cylinder but the same was not cleared from the factory and the same was used within the factory since it is used […]

ITAT dismisses appeal as legal heirs not substituted name of deceased Assessee in Form 36

May 8, 2023 2688 Views 0 comment Print

Kabeer Khan Vs ITO (ITAT Hyderabad) Since the legal heirs of the diseased assessee in the instant case have not taken any steps to file the revised Form No.36, duly filled up giving the revised name of the party duly verified in the manner as prescribed in the rules, therefore, the present appeal cannot be […]

ITAT deletes section 69B addition for painting found during search

May 8, 2023 1218 Views 0 comment Print

Nirmal Kumar Minda Vs ACIT (ITAT Delhi) The ground No.2 relates to the addition of Rs.37.50 lacs u/s. 69B of the Act in respect of 6 paintings found at the residence of the assessee. The underlying facts in the impugned issue are that 6 paintings were found at the time of search which were got […]

No section 69A Addition on mere surmises, conjectures & hypothesis & in the year in which no asset etc is found

May 8, 2023 2136 Views 0 comment Print

DCIT Vs Shri Sanjay Singhal (ITAT Delhi) The undisputed fact is that the substantive as well as protective additions have been made u/s 69A r.w.s 115BBE of the Act. A bare perusal of the assessment order clearly shows that no money, bullion, jewellery or valuable article was found during search conducted on 07.04.2017 which is […]

Advance Ruling obtained by suppressing the facts is void ab initio

May 8, 2023 1239 Views 0 comment Print

Applicant has obtained the Advance Ruling by suppressing the facts and hence the Order issued in the reference 5thcited is liable to be declared as void ab initio.

How to choose the right personal loan? Check these six factors

May 8, 2023 1545 Views 0 comment Print

Personal loan is an unsecured credit option with no end use restrictions on its proceeds. It usually has quicker disbursal, making it an ideal choice for consumers having urgent financial requirements.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 28956 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

ITAT deletes section 271F penalty as delay was due to death of CA

May 8, 2023 6738 Views 0 comment Print

Nagarathinam Rajendran Vs ITO (ITAT Chennai) Since the assessee could not file his return of income under section 139(1) of the Act, the Assessing Officer issued notice under section 274 r.w.s. 271 F of the Act. There was no response from the assessee against the penalty notice. Since, the assessee failed to file his return […]

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

May 8, 2023 2823 Views 0 comment Print

State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of India, the same cannot be treated as Central or State Government

Demand of extended period not sustainable If no suppression of facts

May 8, 2023 2109 Views 0 comment Print

CESTAT held that since there is no suppression of fact, demand of extended period is not sustainable. Penalty imposed was unwarranted

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