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ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 570 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 1632 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

Section 263 can be invoked if Assessment was completed without proper inquiry

June 13, 2023 681 Views 0 comment Print

A deep dive into the Kute Sons Dairys Ltd Vs PCIT case, highlighting implications of an assessment completed without proper inquiry and legal justifications for invoking revision u/s 263.

LED Socket Plug Assembly merit classification under Heading 8512: CAAR

June 12, 2023 738 Views 0 comment Print

CAAR Mumbai rules ‘LED Socket Plug Assembly’ used in vehicle anti-fog lamps classifies under Heading 8512 90 00 of Customs Tariff Act, 1975, and is eligible for nil Basic Custom Duty under serial no. 656 of notification No. 69/2011-Cus., dated 29.7.2011, as per India-Japan Free Trade Agreement.

Refund of Service Tax cannot be denied to a person bearing the incidence of tax

June 12, 2023 576 Views 0 comment Print

CESTAT Delhi in case of Quality Builders & Contractor vs Commissioner of Central Excise, set a new precedent for service tax refund claims.

CESTAT Kolkata Directs Re-adjudication Over Denied Opportunity

June 12, 2023 399 Views 0 comment Print

Recent CESTAT Kolkata case, Lexmark International vs CGST & CX, highlighting significance of giving parties opportunity to present their cases and documents

Unusual Salary Disparity: HC directs ICAI to pass a reasoned & speaking order

June 12, 2023 837 Views 0 comment Print

Landmark decision by Delhi High Court in the case of Alok Malhotra vs Institute Of Chartered Accountants Of India, addressing an anomaly in salary caused by an Accelerated Promotion Scheme.

Penalty u/s 271(1)(c) without opportunity to assist to Assessee – ITAT directs NFAC for fresh consideration

June 11, 2023 1959 Views 0 comment Print

Balwant Baburao Vitekar (Late) vs ITO (ITAT Pune) where the imposition of penalty under section 271(1)(c) was challenged. The appeal was allowed on the grounds that the assessee was not given the opportunity to assist in the penalty proceedings.

Penalty under Section 271(1)(c) Invalidated if Matter Restored for Rectification Order

June 11, 2023 1146 Views 0 comment Print

ITAT Delhi held that if a matter is restored to AO for passing a rectification order, the penalty imposed under Section 271(1)(c) of Income Tax Act does not survive. The appeal was filed by the assessee against the penalty order.

ITAT deletes notional LTCG addition for Jewellery short found during search

June 11, 2023 576 Views 0 comment Print

A comprehensive analysis of the ITAT Delhi’s recent ruling in the case of Ballabh Prasad Aggarwal Vs ACIT, involving income tax addition on supposed long-term capital gains from jewellery sale.

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