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Judiciary

Coal smuggling to evade tax- HC refuses to quash criminal petition

April 19, 2023 366 Views 0 comment Print

Abdul Kadir Vs State of Assam (Gauhati High court) The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR registered under Sections 120(B)/379/420 of the Indian Penal Code (IPC in short). HD held that petitioner is alleged with an offence of evading payment of taxes to […]

Section 54 exemption cannot be denied for acquiring new house in wife’s name

April 19, 2023 5232 Views 0 comment Print

ITAT held that acquisition of new house in wife’s name would not jeopardise Section 54 exemption claim of assessee as sale proceeds is utlised for construction of house property

Service tax exemption on services in SEZ to Main contractors who are neither SEZ Unit nor SEZ developer

April 19, 2023 1371 Views 0 comment Print

B T Patel & Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) CESTAT find that the learned Commissioner in denying the exemption by made a strict interpretation of language of the notification no. 4/2004-ST dated 31.03.2004 though as per the language of the exemption of service provided to SEZ developer or to the unit in SEZ. […]

HC set aside Income Tax Notice issued & Order passed on dissolved LLP

April 19, 2023 1152 Views 0 comment Print

Notice under Section 148A(b) & order U/s. 148A(d) of Income Tax Act against an entity (LLP), which was no longer in existence is invalid.

FTC cannot be denied if Assessee file return within extended due date with Form No. 67

April 19, 2023 327 Views 0 comment Print

Assessee filed return of income within extended due date with Form No. 67 & complies with requirement of Rule 128(9) and entitled to claim FTC

No Penalty for Late Filing of GST Returns from date of application for revocation till revocation

April 19, 2023 1656 Views 0 comment Print

Sh. Ishwar Chand Proprietor of M/S Bhagwati Trading Co. Vs Union of India (Delhi High Court) The controversy in the present petition relates to levy of penalty for late filing of the GST returns, for the period the petitioner was disabled from doing so, on account of cancellation of its GSTIN registration. It is the […]

Section 270AA Application cannot be rejected without giving opportunity of hearing to applicant

April 19, 2023 1281 Views 0 comment Print

Rohit Kapur Vs PCIT (Delhi High Court) The proviso to Sub-section(4) of Section 270AA of the Act makes it amply clear that before an application is rejected, the applicant must be given an opportunity of being heard. In the present case, there is no dispute that the petitioner was not afforded the said opportunity.  In […]

Income Tax Notices Issued on Non-Existing Company quashed

April 19, 2023 813 Views 0 comment Print

Impugned notice is quashed as it was issued in the name of non-existing company in spite of revenue having notice & knowledge of non-existence of such Company.

Service tax small scale exemption allowed as appellant not taken any Cenvat credit

April 19, 2023 777 Views 0 comment Print

Harish Tex Mach Pvt Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In terms of Notification No. 6/2005-ST, the exemption was provided upto the aggregate value of Rs. 4 lakh in the year 2005-06, 2006-07 and Rs. 8 Lakh in the year 2007-08 and 2008-09. Accordingly, the value of taxable services of the […]

Till Business commencement all expenses for Business set-up will be treated as Capital Expenditure

April 19, 2023 891 Views 0 comment Print

Isolux Corsan Power Concession India Pvt. Ltd. Vs ITO (ITAT Delhi) In this case AO has treated Interest income as Income from other sources as Business of Assessee was not set-up in the year under consideration  and held as follows:- In the present case, the appellant has miserably failed to demonstrate that during the year […]

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