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Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 912 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

SEBI introduces LEI for non-convertible securities, securitised debt instruments & security receipts

May 3, 2023 1119 Views 0 comment Print

LEI is a unique global identifier for legal entities participating in financial transactions. LEI is designed to create a global reference data system that uniquely identifies every legal entity, in any jurisdiction, that is party to a financial transaction.

Goods seized for Undervaluation – CESTAT relaxes conditions for release

May 3, 2023 504 Views 0 comment Print

The charge of under valuation cannot be established without challenging the assessment made by the assessing group as per the procedure prescribed. It is not the case where the goods where being cleared on the basis of the declared value but were being cleared on the basis of the assessed value on the payment of assessed duty.

SC allows appellant to travel abroad based on his previous record

May 2, 2023 6057 Views 0 comment Print

Having regard to the genesis of the dispute as well as the issue as to whether the appellant is likely to flee from justice if he were to be permitted to travel to the US, we find, on the basis of the previous record of the appellant, that there is no reason or justification to deny him the permission which has been sought to travel to the US for eight weeks.

Pendency of departmental proceedings cannot be a ground to prevent appellant from travelling abroad

May 2, 2023 711 Views 0 comment Print

Satish Chandra Verma Vs Union of India (Supreme Court of India) In the instant case, the appellant who is a member of the All India Services has paid leave to his credit and has applied to go to U.S.A. and France to visit members of his family who are residing there. On an earlier occasion […]

Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1113 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

C Forms benefit cannot be denied on the ground of subsequent cancellation

April 28, 2023 1284 Views 0 comment Print

Cancellation of C Forms at a subsequent date would have a disruptive effect on the stream of commercial transactions, which is impermissible.

CVD Exemption cannot be denied based on Impossible Condition in notification

April 28, 2023 783 Views 0 comment Print

Benefit of CVD exemption under Notification No.30/2004-CE dated 09.07.2004 cannot be denied if condition is such that it is practically impossible to satisfy condition.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 309 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

Section 80P deduction eligible on Interest from staff welfare fund & staff loan

April 28, 2023 1266 Views 0 comment Print

Interest from staff welfare fund, interest income from staff loan, charges for closing flexi account and fine against non-payment of R/D amount due in time are eligible for deduction u/s 80P(2)(a)(i).

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