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Bogus Purchase: ITAT Mumbai restricts profit element of purchases at 4%

November 28, 2023 7266 Views 0 comment Print

Explore the JMD Corporation vs ITO case where ITAT Mumbai restricts profit element of purchases at 4%, examining allegations of bogus purchases for A.Y. 2011-12.

Addition based on mere statement of assessee & loose papers/sheets/diaries: ITAT deletes 

June 30, 2023 7152 Views 0 comment Print

ITAT Pune’s decision to delete the addition of Rs. 39.69 Crores for Manoj Madanlal Chhajed Vs ACIT, emphasizing the absence of concrete evidence beyond the assessee’s statement and unverified documents, showcases meticulous judicial scrutiny.

MVAT on registration/handling/insurance charges on Motor car sold by dealers – HC Quashes 69 Assessment Orders

April 20, 2023 3084 Views 0 comment Print

Modi Car Agencies Pvt. Ltd. Vs State of Maharashtra (Bombay High Court) Bombay High Court sets aside 69 Assessment Orders under MVAT Act, 2002 levying MVAT on registration charges, handling charges, insurance charges and incentives collected from customers with a direction to Assessing Officer to reconsider the issue on the basis of the decision of […]

HC set-aside notice imposing Interest on Gross Tax Liability without opportunity

January 8, 2023 1191 Views 0 comment Print

Bombay HC sets aside Recovery Notice imposing Interest on Gross GST Tax Liability without giving an opportunity of being heard to Appellant

Antedated Assessment Orders held as non est & beyond limitation period provided u/s 23 of MVAT, 2002

December 18, 2022 2886 Views 0 comment Print

The Assessment Orders under the MVAT Act, 2002 passed for periods 2006-07 and 2007-08 are antedated. The assessment orders are passed after the period of limitation. Hence, it is non-est and therefore, are hereby quashed.

Reopening of assessment cannot be done against a dead Assessee

September 28, 2022 4092 Views 0 comment Print

Bombay High Court held that reopening of assessment cannot be done against a dead Assessee under the Income Tax Act, 1961.

1% Vat payable on Devotional images made of gold under MVAT Act, 2002

September 21, 2022 984 Views 0 comment Print

Maharashtra Sales Tax Tribunal Mumbai holds devotional images made out of gold to be taxable at the rate of 1% under MVAT Act, 2002 by referring to HSN, commercial parlance test, laboratory reports and dictionary meaning to decide the meaning of the word fineness under Schedule Entry B-1 of the MVAT Act, 2002.

Sales Tax Tribunal can accept C Forms during Appellate stage: Bombay HC

September 9, 2022 7086 Views 0 comment Print

Bombay HC held that appeal proceedings are extension of assessment and Maharashtra Sales Tax Tribunal’s Judgment accepting C Forms is upheld.

Bombay HC applies SC Judgment in Filco Trade to give relief in GST TRAN-1 issue

August 2, 2022 1593 Views 0 comment Print

Ess Infraproject Pvt. Ltd Vs Union of India (Bombay High Court) Bombay High Court applies Supreme Court of India’s Judgment in Filco Trade to give relief in the GST TRAN-1 issue FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1. The Hon’ble Apex Court in order dated 22nd July, 2022 in Petition(s) for Special […]

ITAT Mumbai deletes addition for Stock found in lockers during search & seizure

August 1, 2022 1023 Views 0 comment Print

Rameshkumar H. Jain Vs DCIT (ITAT Mumbai) It is not in dispute that during the search of locker the jewellery and ornament worth Rs.70,10,799/- was found. The details are mentioned below: Sr. no. 1. Gold & Jewellery belonging to third parties on account of sale on approval basis or labour work. Rs.39,85,761/- 2. Gold & […]

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