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Dept cannot refuse to release goods & conveyance if appellant compiles with Section 129(1)(c)

November 22, 2022 1038 Views 0 comment Print

Kerala High Court held  that if petitioner complies with provision of Section 129 (1)(c) of CGST Act, 2017, there is no reason for Assistant State Tax Officer to refuse the release of the goods and the conveyance, pending finalisation of the proceedings issued under Section 129.

In absence of proof for cash deposit from rental income, Section 69A addition justified

November 22, 2022 1848 Views 0 comment Print

In absence of details regarding rental receipt from property, explanation of assessee is that cash deposits into bank account is out of rental income, cannot be accepted

XBRL introduced for submission of Announcements- NSE seek comments

November 22, 2022 627 Views 0 comment Print

Seeking of comments / feedback on the XBRL being introduced for submission of Announcements pertaining to: One time settlement (OTS)/Inter-Creditors Agreement, Agreements which are binding and not in normal course of business, revision(s) or amendment(s) and termination(s) thereof, Fraud / Defaults by promoter or key managerial personnel or by the listed entity or arrest of key managerial personnel or promoter

Principle of natural justice should be given due consideration while adjudicating tax dispute

November 21, 2022 2592 Views 0 comment Print

It is well settled that no one should be condemned unheard. Therefore, principle of natural justice should be given due consideration while adjudicating the tax dispute.

Excise Duty paid under protest adjustable against amount payable under SVLDRS 

November 21, 2022 747 Views 0 comment Print

Amount deposited has no specific colour since the amount was deposited under protest and even before the crystallisation of the liability of the respondent-assessee as Central Excise Duty or as interest

Penalty notice become defective if it does not disclose specific charge

November 21, 2022 1203 Views 0 comment Print

ACIT Vs Amit Tiwari (ITAT Indore) The submissions of the assessee are that penalty proceedings u/s 271AAB as initiated is bad in law on account of firstly penalty notice so issued is defective as it does not disclose specific charge and secondly there is no concealed income as search took place prior to due date […]

Disputed Cenvat Credit claim of Assessee cannot be denied by mechanically invoking 6% Rule

November 21, 2022 951 Views 0 comment Print

Aurum Pharmachem Private Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) Issue that has to be considered in the present appeal is whether the Appellant not having maintained separate accounts in respect of the common input services used for manufacture of dutiable final products as well as exempted goods is mandatorily required to pay […]

Section 80IC: Year of substantial expansion is initial assessment year within the period of 10 years

November 21, 2022 1143 Views 0 comment Print

It was held that there can be two initial assessment years and the year in which there was substantial expansion that year is the initial assessment year within the period of 10 years for the purpose of claiming deduction under section 80-IC of the Act.

Cash Deposit during Demonetization Period – AO must do comparative analysis of cash deposits with sales

November 21, 2022 5862 Views 0 comment Print

CBDT instructions dated 09/08/2019 speaks about the comparative analysis of cash deposits, cash sales, month wise cash sales and cash deposits. It also provides that whether in such cases the books of accounts have been rejected or not where substantial evidences of vide variation be found between these statistical analyses.

Section 115JB benefit Not Available When Net Worth of Sick company Turns Positive

November 21, 2022 1110 Views 0 comment Print

Supertex Industries Ltd Vs DCIT (ITAT Mumbai) Undoubtedly, the assessee was referred to the board of industrial and financial Reconstruction Under the provisions of the sick industrial Companies act. Assessee was declared a sick company u/s 3 [1] [o] of the SICA. Rehabilitation scheme of the assessee was approved by the board of industrial and […]

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