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Person not complying with SC directions don’t deserve any leniency from pre-deposit

November 6, 2022 642 Views 0 comment Print

Devinder Singh Narang Vs Commissioner of Customs (CESTAT Chandigarh) On behalf of Revenue it has been submitted that despite the extension of time granted by the Hon’ble Supreme Court, the Appellant failed to comply with the order of pre-deposit of Rs.50 lacs. We have seen the case records and find that time and again the […]

CESTAT allows benefit of deemed conclusion of proceedings under Section 28 of Customs Act

November 6, 2022 2841 Views 0 comment Print

It is well settled law that the legislative intent, extending certain beneficial provision to the assessee, should not be made frivolous by interpreting the provision in a particular manner other than the one which reflects upon such intent.

Customs: No section 114AA penalty if Assessee not provided False Information deliberately

November 6, 2022 6123 Views 0 comment Print

Appellant has deliberately and intentionally has not provided any such information which was false or incorrect. As such, in my opinion that penalty under section 114AA of the Customs Act, 1962 has wrongly been imposed upon him.

Exemption under Notification No.12/2012-CE also applicable to Sub-Contractors

November 6, 2022 939 Views 0 comment Print

CESTAT held that exemption under Notification No.12/2012-CE is available to sub­-contractor who supplied the goods to the main contractor who has been awarded contract/ work order under ICB.

ITAT deletes penalty for delay in submission of Tax Audit as Assessee was unwell & his Accountant left without prior notice

November 6, 2022 912 Views 0 comment Print

Saravana Foundation Vs ITO (ITAT Chennai) Against levy of penalty under section 271B of the Act, the assessee has submitted the reasons for the delay in filing the audit report before the ld. CIT(A) that the accounts audited under section 44AB of the Act belatedly as the assessee was not keeping good health and the […]

Rule 11UA(2) is applicable to unquoted equity shares & not to preferential shares

November 6, 2022 3678 Views 0 comment Print

Kheer Bhawani Trading P. Ltd Vs ITO (ITAT Delhi) On behalf of the assessee it was submitted that assessee had merely issued preferential shares and as for the purpose of Section 56(2)(viib) of the Act, the Rule 11UA (2) is not applicable. It was submitted that assessee has issued preferential shares and the valuation under […]

Section 263 Revisional order not valid if passed without pointing out any inaccuracy in claim of assessee

November 6, 2022 495 Views 0 comment Print

Bank of Baroda (w.r.t E-Dena Bank) Vs PCIT (ITAT Mumbai) Pr.CIT held that the order passed by the A.O u/s 143(3) of the Act as erroneous as well as prejudicial to the interest of the revenue on the grounds that A.O has not verified the claim of deduction of the assessee pertaining to amortization of […]

Disallowance of freight & carriage expense justified for non-submission of TDS payment Proof or CA certificate

November 6, 2022 639 Views 0 comment Print

Paras Nath Singh Vs ACIT (ITAT Patna) Main grievance of the assessee is disallowance u/s 40(a)(ia) amounting to Rs. 25,74,023/- being the expenditure incurred in respect of freight and carriage. On this specific issue from the perusal of assessment order passed by the AO and it was come to our notice that he had categorically […]

649 days Delay due to Professional Commitments of Auditor cannot be condoned

November 6, 2022 708 Views 0 comment Print

Delay cannot be condoned as Assessee could not file any evidences as to how Assessee’s Counsel was preoccupied in his professional commitments for 649 days.

Tax Audit Report is a vital piece of evidence – ITAT admit additional evidence

November 6, 2022 2184 Views 0 comment Print

Tax Audit Report is a vital piece of evidence which goes to very root of matter and should be admitted for furtherance of cause of justice.

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