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No penalty for addition under section 56(2)(x) due to deeming fiction

October 18, 2022 5559 Views 0 comment Print

Dipakkumar Ishwarlal Panchal Vs ITO (ITAT Ahmedabad) Admittedly the concealment/furnishing of inaccurate particulars of income, for which act penalty under section 271(1)(c) in the present case has been levied, related to the income added as per the provisions of section 56(2)(x) of the Act. More particularly on account of the fact that actual consideration paid […]

Adverse order passed under GST without opportunity of personal hearing is liable to be set aside

October 18, 2022 2253 Views 0 comment Print

Hitech Sweet Water Technologies Pvt. Ltd Vs State of Gujarat (Gujarat High Court) Challenge to the orders and preceding show-cause notices are based on the ground that the order came to be passed in gross violation of principles of natural justice inasmuch as the petitioner was not granted opportunity of being heard. By placing reliance […]

No limitation on claim of service tax refund under transitional GST provisions

October 18, 2022 1593 Views 0 comment Print

OSI Systems Pvt Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) The brief facts are that the appellant was an assessee under the service tax regime and they migrated to GST regime and they also filed TRAN-1 for taking forward the credit which was lying in their Cenvat credit register. Subsequently, it was pointed out […]

HC upheld denial of CST exemption on sale to merchant exporter

October 18, 2022 663 Views 0 comment Print

Azam Laminators (P) Limited Vs Commercial Tax Officer (Madras High Court) The specific case of the petitioner is that the petitioner had effected sale of M.G. Plain Kraft Paper to a merchant exporter, who, in turn had received a purchase order from a buyer from Kuala Lumpur, Malaysia for Parcel Leaf Size and that the […]

Geomembrane merits classification at HSN 5911, tariff item 59111000

October 18, 2022 2583 Views 0 comment Print

In re Shree Ambica Geotex Pvt. Ltd (GST AAR Gujarat) The applicant, engaged in the manufacture and sale of textile products including Geomembranes, sought an advance ruling on the correct GST classification of its product. The primary issue was whether Geomembranes should be classified under Heading 5911, Sub-heading 59111000 as textile products for technical use, […]

CENVAT credits eligible on Welding Electrodes & D.A. Gas used in repair/maintenance of plant

October 18, 2022 435 Views 0 comment Print

Manikgarh Cement Vs Commissioner of Central Excise (CESTAT Mumbai) As could be noticed from para 24 of the Order-in-Original, the adjudicating authority had observed that Welding Electrodes and D.A. Gas were used in the cement manufacturing plant of the Appellant for the purpose of repair and maintenance of its plant and machinery. This being observation […]

HC deletes Section 36(1)(viii) disallowance on the principles consistency & certainty

October 18, 2022 1305 Views 0 comment Print

Individual affairs are conducted and business decisions are made in expectation of consistency, uniformity and certainty and to detract from those principles is neither expedient nor desirable.

Section 153A: No Additions if no Incriminating Materials unearthed during search

October 18, 2022 1578 Views 0 comment Print

PCIT Vs Gautam Bhalla (Delhi High Court) Appellant states that the ITAT has erred in holding that the addition which was not based on incriminating material found during the search, could not be made the basis for an assessment order under section 153A of the Income Tax Act, 1961 without going into merits of the […]

Format to announce Acquisition, Amalgamation, Merger/De-merger etc

October 18, 2022 1329 Views 0 comment Print

Comments / feedback on the XBRL being introduced for submission of Announcements pertaining to Acquisition, Amalgamation, Merger/De-merger, Sale or disposal of unit, Other Restructuring

Rs. 50 Lakhs limit Not Applicable to section 148A(b) issued within 3 years

October 17, 2022 4002 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) High Court is of the view that the condition precedent of an asset in the form of Rs.50 lakhs is not be attracted to the present case, as the notice under Section 148A(b) of the Act had been issued on 17th March, 2022 i.e. within three years […]

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