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GST: Non-production of relied upon documents Violates Natural Justice principles

December 9, 2024 3894 Views 0 comment Print

Allahabad High Court held that non-production of documents which were relied upon by the department amounts to violation of principles of natural justice. Accordingly, impugned order liable to be quashed.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 2271 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

Income Tax Appeal u/s 260A Dismissed for Lack of Perversity in Tribunal’s Finding: Allahabad HC

December 9, 2024 777 Views 0 comment Print

Allahabad High Court held that appeal u/s. 260A of the Income Tax Act is not sustainable since there is no perversity in finding of the Tribunal and accordingly there exists no substantial question of law. Accordingly, appeal dismissed.

Jurisdiction u/s. 153C impermissible as satisfaction of seized material belonging to assessee not fulfilled

December 9, 2024 885 Views 0 comment Print

Delhi High Court held that assuming jurisdiction under section 153C of the Income Tax Act impermissible unless it is satisfied that document / seized material belonged to the assessee. Thus, appeal dismissed.

Conditional bail granted to CHA involved in transport of drugs since already in custody for 3 years: Bombay HC

December 9, 2024 582 Views 0 comment Print

Bombay High Court granted conditional bail to Customs House Agent involved in transportation of drugs since applicant is already in custody for last 3 years and conclusion of trial in near future is a remote possibility.

Customs duty not leviable on personal jewellery having a used personal effect: Delhi HC

December 9, 2024 2403 Views 0 comment Print

Thus, personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of the 2016 Rules.

Cost imposed as order issued u/s. 143(3) wrongly challenged assuming it as draft assessment order u/s. 144C

December 9, 2024 855 Views 0 comment Print

Delhi High Court held that order issued u/s. 143(3) of the Income Tax Act wrongly challenged on the assumption that it is draft assessment order u/s. 144C is untenable in law. Accordingly, cost of ₹1,00,000/- imposed on petitioner.

Interest u/s. 28AA of Customs Act not leviable on person ineligible for benefit under FTP: Kerala HC

December 9, 2024 774 Views 0 comment Print

Kerala High Court held that person found ineligible for any benefit received under the terms of any scheme under the Foreign Trade Policy (FTP) is not liable to pay interest under section 28AA of the Customs Act, 1962.

Bail granted in issuance of fake GST invoice as accused already in custody for more than 7 months

December 9, 2024 1020 Views 0 comment Print

Rajasthan High Court accepted bail application in the case of issuance of fake GST invoice since maximum punishment for the alleged offence is five years and accused has already suffered custody of more than seven months.

Luxury tax leviable on charges collected for provision of sophisticated medical beds to expecting mothers

December 9, 2024 573 Views 0 comment Print

Kerala High Court held that charges collected for provision of sophisticated medical beds for providing optimum nursing care to expecting mothers is liable to luxury tax under the Kerala Tax on Luxuries Act, 1976.

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