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ITAT Quashes Reassessment Order for Lack of Valid Notice under Section 148

July 5, 2023 2055 Views 0 comment Print

In the case of Raghuraj Laminates Pvt Ltd vs. ITO, the ITAT Delhi has quashed the reassessment order passed without issuing a valid notice under Section 148 of the Income Tax Act. The order was deemed illegal, bad in law, and without jurisdiction.

Non-retroactive Application of Enhanced Service Tax Rate on Advances Received

July 5, 2023 282 Views 0 comment Print

Read the full text of the CESTAT Chennai order in the case of VLCC Health Care Ltd vs Commissioner of GST & Central Excise. The issue revolved around whether the appellant was liable to pay service tax at the revised rate of 12.24% for the period prior to 18.04.2006. The order provides an analysis of relevant provisions and concludes that the demand cannot sustain, setting it aside.

Service Tax Exempt on Commission on General Insurance under Government Schemes

July 5, 2023 1956 Views 0 comment Print

Read the full text of the CESTAT Ahmedabad order in the case of Rajkot District Co Operative Bank Ltd vs Commissioner of Central Excise & ST. The issue revolved around the liability to pay service tax on the commission received by the appellant from the Agriculture Insurance Company of India Limited. The order analyzes the applicability of an exemption notification and concludes that the appellant is eligible for the exemption, therefore not liable to pay service tax on the commission received.

Escaped assessment of outward foreign remittances – HC Orders Re-examination of Material

July 5, 2023 420 Views 0 comment Print

Read the full text of the judgment in the case of Ashok Kumar Sinha vs ACIT, where the Delhi High Court sets aside the assessment order and notices issued under the Income Tax Act, directing a re-examination of the material provided by the petitioner and a fresh assessment by the Assessing Officer.

ITR Due Date Extension for Tax Audit Case Not Applicable to Assessee Liable for Audit under Other Acts

July 5, 2023 29124 Views 0 comment Print

In the case of Gulu Hassanand Raney vs. Asst. Director of I.T. Bangalore-CPC (ITAT Mumbai), the Income Tax Appellate Tribunal (ITAT) dismissed the appeal regarding the extension of the due date for filing the income tax return. The appeal raised questions about whether the extended due date for tax audit cases could be applied to an assessee liable for audit under a different law. Read the full order and analysis here.

MCA Imposes Penalty for Delay in Filing Resolution & Explanatory Statement

July 5, 2023 921 Views 0 comment Print

MCA issued an ex-parte order imposing penalties under Section 454(3) of Companies Act, 2013 for a violation of Section 117 read with Section 62(1)(c). The case involves the delay in filing the required e-form MGT-14 for a resolution regarding the issue of equity shares on a preferential basis.

Section 40(a)(ia) of Income Tax Not Applicable in Case of Short Deduction of TDS

July 5, 2023 3927 Views 0 comment Print

In a landmark judgment, ITAT Ahmedabad overrules PCIT’s order, upholding that section 40(a)(ia) of the Income Tax Act cannot be invoked in case of short TDS deduction.

Unpaid salary or notice pay recovery Out of Service Tax Purview: CESTAT Mumbai

July 4, 2023 729 Views 0 comment Print

CESTAT Mumbai overturns service tax demand against Kellogg India, asserting that unpaid salary or notice pay recovery isn’t subject to service tax.

Assessment Order Void if lacks Document Identification Number (DIN)

July 4, 2023 1608 Views 0 comment Print

The ITAT ruling emphasizes the necessity of incorporating a Document Identification Number (DIN) in tax communication, as stipulated in the CBDT Circular 2019. Explore the detailed analysis and implications of the case.

Excise Duty paid on Unaccepted Price Increase is refundable 

July 4, 2023 525 Views 0 comment Print

The issue at hand was the refund claim by Tata Motors, following a price increase and subsequent reversal due to non-acceptance by the buyer. The court had to decide whether the excise duty paid on the increased price could be refunded under Section 11B of the Central Excise Act, 1944.

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