ITAT Kolkata’s decision, invalidating reassessment for Vansa Properties Pvt. Ltd. vs ITO due to non-issuance of notice under Section 143(2) within stipulated timeframe.
ITAT Kolkata deletes the penalty imposed on Devnadi Advisory Pvt. Ltd. due to alleged non-compliance of notice under section 271B of the Income Tax Act
In the case of Amneal Life Sciences Pvt Ltd Vs C.S.T. Service Tax, the CESTAT Ahmedabad granted a service tax refund for the renting of immovable property services. The appellant, a unit in the Special Economic Zone (SEZ), sought a refund on the service tax paid for renting their manufacturing premises. The department rejected the refund claim on the grounds that the rent invoices were in the name of a different premises. However, the CESTAT accepted the appellant’s explanation and held that the refund should be allowed since renting of immovable property is an approved taxable service. The CESTAT also allowed the refund on consulting engineer services and dismissed the objection regarding the filing of declaration forms. Learn more about the case and its implications.
In the case of Oriental Trimex Limited Vs Commissioner of Customs (Import), CESTAT Delhi allowed interest on auction sale proceeds from the date of receipt of the amount by the Customs Department until the date of disbursal. The CESTAT held that the Revenue cannot adjust the redemption fine against the sale proceeds since the goods were not available for redemption. The appellant was entitled to the sale proceeds, reduced only by the amount of penalty.
In the case of Navneet Dutta Vs ACIT, ITAT Delhi allowed rectification in the revised return, even though the original return was filed late. ITAT remitted the issue to the Assessing Officer to consider the revised return and make an order in accordance with the law.
ITAT Kolkata has ruled that the delay in filing Form 67 should not lead to the denial of relief under Section 90 of the Income Tax Act. The case involves Sobhan Lal Gangopadhyay’s appeal against the order of the National Faceless Appeal Centre (CIT(A)), concerning the claim of tax relief paid in the Republic of Korea. This judgment follows a similar decision in the Sonakshi Sinha case.
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ITAT Delhi ruled in favor of appellant, holding that they had indeed complied with statutory notice and therefore levy of penalty under section 272A(1)(d) of the Act was not justifiable
ITAT Delhi’s verdict in the case of Gawar Constructions Co. Vs DCIT, illuminating the importance of clear particulars in the imposition of tax penalties. Understand how discrepancies between the initial ‘satisfaction’ and the grounds for penalty can lead to quashing of penalty orders.
ITAT Delhi’s decision in case of Sumita Devi Vs ITO, showcasing how chronic health conditions can impact filing of appeals and lead to ex parte orders.
