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Section 263 notice issued to a person after his death is invalid

February 17, 2023 1200 Views 0 comment Print

Where notices were issued to assessee under Section 263 after his death notice could not have been validly served upon assessee, therefore, said notices are invalid and liable to quash. Assessment order framed under dead person is also liable to be quashed.

Draft RBI (Government Securities Lending) Directions, 2023

February 17, 2023 939 Views 0 comment Print

Government securities issued by the Central Government excluding Treasury Bills shall be eligible for lending/borrowing under a GSL transaction.

Mere unsustainable claim not amounts to furnishing inaccurate particulars of Income

February 17, 2023 1248 Views 0 comment Print

Galaxy Construction and Contractors Pvt. Ltd. Vs DCIT (ITAT Pune) The issue in the present appeal relates to levy of penalty under the provisions of section 271(1)(c) of the Act. The penalty was levied by the Assessing Officer in respect of addition made under the provisions of section 36(1)(iii) of the Act. It is an […]

Jurisdiction of Assessee cannot be transferred Automatically to Jurisdiction of Company in which he is director

February 17, 2023 2655 Views 0 comment Print

Petitioner was surprised that jurisdiction had been shifted from Bhubaneswar to Balasore and he accordingly filed an objection on 10th March, 2016.

Notification No. 17/09-ST is not service specific but is service provider specific

February 17, 2023 609 Views 0 comment Print

Laviosa Trimex Industries Pvt Ltd Vs C.C.E. & S.T (CESTAT Ahmedabad) Appellant is a CHA and they have issued the invoices showing the description as Custom House Agency Service Charges. Therefore, there is no dispute that the services on which the refund claim was made is indeed CHA Service. Moreover, even if any other service […]

ITAT deletes part addition for Agricultural Produce considering reasonable quantum of sale proceeds

February 17, 2023 549 Views 0 comment Print

Assessee has established on record that it had receipts from sale of agricultural produce, only because some invoices relating to sale are not available, assessee’s claim cannot be More so, considering reasonable quantum of sale proceeds.

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1164 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

DGIT (Systems), Delhi, to furnish response to TN Govt in the form of flag based on Taxpayers status

February 16, 2023 1269 Views 0 comment Print

CBDT directs DGIT (Systems), New Delhi, to furnish the response to TN Govt in the form of flag based on Taxpayers status F. No. 225/169/2022-ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes ***** New Delhi, the 16th February, 2023 Order under section 138(1)(a) of the Income-tax Act,1961 Central […]

Security deposit is not governed by provisions of Section 27 of Customs Act

February 16, 2023 1686 Views 0 comment Print

Komatsu India Private Limited Vs Commissioner of Customs (CESTAT Chennai) It is not the case of the Revenue that what the appellant claimed was the refund of the duty paid and there is also no dispute that the appellant claimed only the security deposit made. The Hon’ble jurisdictional High Court in the case of M/s. […]

SC dismisses Petition Seeking income tax regulation on sale of personal cars & environment CESS on second car

February 16, 2023 654 Views 0 comment Print

Pass an order to respondents to ensure effective income tax regulation on sale of personal cars in order to prevent misuse of tax regulations like: (a) In addition to PAN card, a copy of last return filed should be made mandatory for purchasing a personal car. [b] Withdraw tax benefit for second car to companies or professionals.

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