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Notice after 9 years of Bill of Entry cannot be treated as notice within a reasonable period

April 21, 2023 2556 Views 0 comment Print

Show Cause Notice has been issued approximately nine years after last Bill of Entry. In the given facts, we are unable to accept that appellant had issued notice within a reasonable period.

Professional fee Payment to Doctors cannot be disallowed by treating as Referral Fee

April 21, 2023 1260 Views 0 comment Print

ITO Vs Dipen M. Desai (ITAT Ahmedabad) It is an undisputed fact that the assessee has made payment of Rs.4,98,225/-to the Doctors as their professional fees and the same cannot be termed as referral fees. In fact, the ld AR at the time of argument submitted that the terminology of referral fees was wrongly interpreted […]

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 1716 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 906 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 501 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

Section 272A(2) penalty not leviable on or after 1st Day of July, 2012

April 20, 2023 1296 Views 0 comment Print

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur) From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant […]

CBIC notifies Customs Exchange rate for Import & Export wef 21.04.2023

April 20, 2023 2262 Views 0 comment Print

CBIC notifies Customs Exchange rate for Import & Export with effect from 21st April, 2023 vide Exchange rate vide Notification No. 29/2023 – Customs (N.T.) Dated : 20th April, 2023.

CBIC notifies Nepalgunj road as an additional LCS

April 20, 2023 1242 Views 0 comment Print

Seeks to further amend notification No. 55/2022-Customs, dated the 31st October 2022, in order to notify Nepalgunj road as an additional LCS against condition number 1 Vide Notification No. 31/2023-Customs Dated: 20th April, 2023 GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 31/2023-Customs | Dated: 20th April, 2023 G.S.R.309(E). – In exercise […]

HC quashes section 148 notice issued in the name of non-existing company

April 20, 2023 1629 Views 0 comment Print

Section 148 notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company

Pass reasoned and speaking after giving an opportunity of hearing: HC

April 20, 2023 453 Views 0 comment Print

Dispose of representation of petitioner in accordance with law and by passing a reasoned and speaking after giving opportunity of hearing.

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