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HC upheld deletion of addition of provision for dam maintenance

April 20, 2023 939 Views 0 comment Print

HC held that ITAT was justified in deletion of addition in respect of provision for dam maintenance for five dams being RHEP, Rangali, BHEP, Balimela, UKHPE, Barinut, HPS, Burla and UIHEP, Mukhiguda

No Addition for mere appearance of Assesees name in documents found during Search

April 19, 2023 3666 Views 0 comment Print

Neelam Nitin Sankhe Vs CIT (ITAT Mumbai) The only reason for making addition of Rs.27.00 lacs in Assessment Year 2013-14 and Rs.5.00 lacs in Assessment Year 2014-15 is that the name of assessee appeared in some document found during the search action in the case of Ameya Group(supra). There is nothing on record to further […]

Service Tax & Penalty imposed in absence of Consignment note related to GTA: HC allows one more opportunity

April 19, 2023 924 Views 0 comment Print

Treveni Cargo Movers Pvt. Ltd. Vs Union of India and Others (Punjab and Haryana HC) On asking of the Court, Mr. Rishabh Kapoor, Advocate-Sr. Standing counsel-CBIC, accepts notice on behalf of the respondent(s) and states that in the absence of production of consignment notes, the impugned order which is an appealable order, has been correctly […]

Reassessment order passed during pendency of Scrutiny Assessment: HC issues Notice

April 19, 2023 2061 Views 0 comment Print

Commencement of reassessment proceedings while the scrutiny assessment proceedings were on.10.1 Petitioner had taken an objection in that regard, which seems to have escaped the mind of the AO while passing the order under Section 148A(d) of the Act.

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 1113 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Service Tax not leviable on Ocean Freight: Calcutta HC

April 19, 2023 972 Views 0 comment Print

LCL Logistix India Private Limited Vs Union Of India And ANR. (Calcutta High Court) This intra-Court appeal filed by the appellant/writ petitioner is directed against the order dated 19th January, 2017 in WP No.3 of 2017. In the said writ petition, the appellant had challenged the order passed by the Commissioner, Service Tax (ii), Commissionerate, […]

Best judgment assessment – Assessing Officer must act honestly

April 19, 2023 2712 Views 0 comment Print

In best judgment assessment Assessing Officer must not act dishonestly or vindictively & honestly & fairly estimate proper assessment figure

Reasons recorded for reopening are to be examined on a standalone basis

April 19, 2023 1776 Views 0 comment Print

Reasons, as recorded for reopening reassessment, are to be examined on a standalone basis to determine validity of section 147 proceedings

Section 54 exemption cannot be denied for acquiring new house in wife’s name

April 19, 2023 5553 Views 0 comment Print

ITAT held that acquisition of new house in wife’s name would not jeopardise Section 54 exemption claim of assessee as sale proceeds is utlised for construction of house property

‘e-Way bills’ expired during transit – HC Quashes Penalty order

April 19, 2023 969 Views 0 comment Print

‘e-Way bills’ expired during transit and petitioner was not in a position to ask for its renewal to competent authority when vehicle entered into territory of State of Tripura.

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