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Jurisdictional Deficiency in Notice u/s 143(2) Renders Assessment Order Liable for Quashing

January 16, 2024 3957 Views 0 comment Print

Read case of Monarch & Qureshi Builders challenging an ITAT Mumbai order, highlighting jurisdictional issues in Section 143(2) notice for quashing assessment.

CESTAT Upholds Removal of Customs Duty Differential Demand on Imported ‘Poppy Seeds’

January 16, 2024 267 Views 0 comment Print

Read the full text of CESTAT Kolkata’s order on the Commissioner of Customs vs. Sawetri Trading Company case. Analysis reveals key factors influencing customs duty demand on Poppy Seeds.

AO Conducted Enquiry on High Premium Shares; PCIT Error in Section 263 Exercise: HC

January 16, 2024 1290 Views 0 comment Print

Delhi High Court ruling on PCIT vs Trojan Developers Pvt. Ltd. AO’s enquiry on high premium shares and HC’s critique of Section 263 exercise. Full text of judgment.

HC Emphasizes Fairness in Retrospective GST Registration Cancellation

January 16, 2024 672 Views 0 comment Print

Delhi High Court quashes the cancellation of GST registration for Radhey Trading Company, citing insufficient details in the show cause notice and retrospective cancellation order.

Interest Income from Co-op Bank without Banking License Eligible for Sec. 80P(2)(d) Deduction 

January 16, 2024 2583 Views 1 comment Print

Read ITAT decision on the eligibility of a cooperative society for a deduction under Section 80P(2)(d) of the Income Tax Act. The case, Keyyur Primary Agricultural Co-operative Society Ltd. Vs ITO, addresses interest income on investments in a cooperative bank without a banking license.

No Reevaluation of Facts Without Alleged Perversity in Findings: Delhi HC

January 16, 2024 426 Views 0 comment Print

HC court upheld factual findings of lower authorities, emphasizing its limited jurisdiction under Section 260A of Income Tax Act. It clarified that it cannot reevaluate questions of fact in the absence of any grounds alleging perversity in the findings.

Excess Stock cannot be treated as unexplained investment’ u/s.69B & section 115BBE not apply

January 16, 2024 1557 Views 0 comment Print

ITAT Chennai’s in Ethiraj Hotel Mart Vs DCIT held that as assessee declared excess stock as business income and provided a plausible explanation for its source, it should be taxed as ‘normal business income’ and not as ‘unexplained investment’ under section 69B.

VAT Payment not Mandatory for Abatement; Revenue Bears Burden of Proving Consideration Receipt: CESTAT Delhi

January 15, 2024 324 Views 0 comment Print

Explore the Jyoti Sarup Mittal vs Commissioner of Central Tax case. Learn how works contracts, VAT prerequisites, and governmental exemptions impact service tax.

No Penalty for Unrecorded Finished Goods in Factory without Evidence of Clandestine Removal

January 15, 2024 618 Views 0 comment Print

CESTAT Delhi in Sharma Steel Rolling Mills vs Commissioner held that No Penalty for Unrecorded Finished Goods in Factory without Evidence of Clandestine Removal and personal penalty on employee need not be imposed as he is acting under direction of his employer

 GST department obligated to provide a hearing if adverse decision was contemplated

January 14, 2024 4194 Views 0 comment Print

The Court observed that Section 75(4) explicitly requires an opportunity of hearing when an adverse decision is anticipated. Considering that both tax and penalties were imposed, and an adverse decision was contemplated, the Court held that the department was obligated to provide a hearing.

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