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Addition of Late GST Return Filing Fee cannot be made via Intimation u/s 143(1)

June 27, 2023 795 Views 0 comment Print

Ajit Kumar Khan Vs DCIT case at ITAT Ranchi clarifies that late filing fees for GST returns cannot be added summarily through intimation under section 143(1) of Income Tax Act, 1961.

Delay in Filing Appeal due to Assessee’s Advocate’s Demise condoned

June 27, 2023 1083 Views 0 comment Print

The ITAT Chennai in Jamal Mohideen Haroon Imran Khan Vs ITO case allows a delay of 227 days in appeal filing due to the death of assessee’s advocate during the Covid-19 pandemic.

Penalty or Redemption Fine when Bill of Entry Finally Assessed at Declared Value?

June 26, 2023 1368 Views 0 comment Print

Bill of Entry has been finalized as per declared value and when Bill of Entry has been finally assessed at declared value then redemption fine and penalties cannot be imposed.

Service Tax exempt on Clearing & Forwarding Agency Services Rendered Outside India

June 26, 2023 579 Views 0 comment Print

Sundaram Industries Ltd wins appeal against imposition of service tax on clearing and forwarding agency services provided outside India as per a ruling by CESTAT Chennai.

Calcutta HC Quashes Tax Assessment Order Due to Technical Snag in IT Portal

June 26, 2023 435 Views 0 comment Print

The Calcutta High Court overturned a tax assessment order following a technical issue with the Income Tax Portal that prevented a timely objection.

Goods used as input qualify for MODVAT credit, Irrespective of name on Bill of Entry

June 26, 2023 447 Views 0 comment Print

CESTAT Mumbai’s ruling on the Khandelwal Laboratories P Ltd Vs Commissioner of CGST & CE case underscores the principle that duty-paid goods used as input should qualify for MODVAT credit, regardless of the name on the Bills of Entry.

Section 154 cannot be invoked to levying of fee u/s 234E

June 25, 2023 582 Views 0 comment Print

ITAT found that the issue related to the belated filing of TDS returns and subsequent levying of fees under Section 234E of the Income Tax Act was a matter of factual verification. Thus, it was not covered under Section 154 of the Act, which only allows rectification for apparent mistakes on record.

Goods Cleared Without Lab Test and Claimed Mixing in Tank as Afterthought: CESTAT rejects appeal

June 25, 2023 279 Views 0 comment Print

CESTAT Ahmedabad recently rejected Nirma Limited’s appeal, determining that the clearance of goods without a lab test and claiming goods were mixed in a tank was an afterthought.

Section 148A(d) Order in IT Act Isn’t Final; No Tax Demand Arises

June 25, 2023 2544 Views 0 comment Print

In a recent judgement, Calcutta High Court affirmed that an order under Section 148A(d) of the Income Tax Act is not a final assessment order, nor does it give rise to any tax demand.

Appeal against Revocation of Central Excise Registration Meaningless After GST Implementation

June 25, 2023 225 Views 0 comment Print

Discover the judgment of the CESTAT in the case of Commissioner of GST & Central Excise Vs Dalmia Cement (Bharat) Ltd, where revocation of Central Excise Registration was deemed meaningless post-GST implementation.

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