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HC set-aside Section 148 notice as notice issued without any new tangible material

April 28, 2023 2157 Views 0 comment Print

HC held that issuance of a notice under Section 148 in absence of any new tangible material was nothing but an attempt to review earlier order of assessment passed by A.O.

Valuation of closing stock at realization value considering rust stock – ITAT remands matter back to AO

April 28, 2023 2325 Views 0 comment Print

GK Steel & Wire Products Vs ITO (ITAT Delhi) The main contention of the assessee is that the value of the opening stock of the assessee has gone down resulting in gross loss of Rs.25,32,724/-. The ld. Counsel submits that this is because due to rust stock and the sales realization was lower than the […]

Deemed dividend addition cannot be made in the hands of payer of loan

April 28, 2023 762 Views 0 comment Print

Assessee is not a recipient but payer of loan. Hence, as per provisions of Section 2(22)(e) of Income Tax Act, assessee was not liable to tax

NFRA penalises & debarred CA for Audit failures in violation of law & SA

April 28, 2023 2751 Views 0 comment Print

NFRA imposes penalty of Two Lakhs on CA Hemant Khator Swami who was  Engagement Partner for the statutory audit of Women Next Loungeries Ltd for Financial Year 2016-17 for Audit failures and also debarred him for two years from being appointed as an auditor or internal auditor or from undertaking any audit in respect of […]

Appeal can be filed against Excise Superintendent letter denying benefit 

April 28, 2023 597 Views 0 comment Print

Letter written by Central Excise Superintendent is a decision against which appeal lies before Commissioner (Appeals) under Section 35

Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 858 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1629 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 1017 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 573 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

Insurance claim have no bearing on claim for remission of duty

April 28, 2023 630 Views 0 comment Print

In case the goods are lost or destroyed by natural causes or by unavoidable accidents during handling or storage in the store room or other approved premises the duty cannot be demanded.

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