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Judiciary

No Addition for deposits in NRE Account by NRI from his foreign income

April 16, 2023 2022 Views 0 comment Print

Shri Duraisamy Shanmugasundaram Vs ITO (ITAT Chennai) As per assessee’s submissions, the money deposited in NRE account was withdrawn by assessee’s parents in India. The same has been sourced to deposit the same in another NRO account from time to time. However, rejecting assessee’s explanation, Ld. AO held that the cash was not re-deposited within […]

Road permit should not be insisted if Assessee possesses valid e-way bills

April 16, 2023 333 Views 0 comment Print

Tzudi Forest Products Vs State of Assam (Guwahati High Court) The grievance of the petitioner is against the action of the respondents in seeking road permit for transporting goods/forest products after obtaining e-way bills. It is the case of the petitioner that previously, there were check gates but, however after coming into effect the Goods […]

CENVAT Credit eligible on Service Tax paid by Automotive Dealers

April 16, 2023 363 Views 0 comment Print

Service tax paid by automotive dealers was availed as Cenvat credit by appellant availment of such credit is in conformity with Cenvat Rules

HC dismisses request for Amendment of TRAN-1 for filing too late

April 16, 2023 339 Views 0 comment Print

Sugan Clothing Vs Assistant Commissioner of GST & CE (Madras High Court) The petitioner is an assessee under the provisions of the Central Goods and Services Tax Act, 2017 (in short ‘Act’) and challenges an order passed by the 2nd respondent dated 05.03.2020 rejecting the request for amendment of TRAN-1. 2. I am of the considered […]

Consider rectification of Apparent Error in application for GST Registration Cancellation: HC

April 15, 2023 1503 Views 0 comment Print

Bansal Steels Vs Commissioner, Central Goods and Service Tax (Delhi High Court) The petitioner had applied for cancellation of its GST registration for the first time on 04.12.2018 with effect from that date, stating that the reason for seeking such cancellation was that it had discontinued/closed its business. The said application was rejected by an […]

Section 112(8)(b) contemplate sum equal to 20% of remaining amount of tax in dispute: HC

April 15, 2023 1059 Views 0 comment Print

Kerala High Court recalls interim order in Sandeep’s review petition against State Tax Officer. Clarifies the correct interpretation of Section 112(8)(b).

Section 80P deduction: HC directs assessee to submit relevant documents to AO

April 15, 2023 3072 Views 0 comment Print

Udayanapuram Service Co-Operative Bank Ltd Vs ITO (Kerala High Court) The challenge in this writ petition is against the assessment order produced as Ext.P1 and the demand notice issued pursuant to the assessment. The assessment relates to the assessment year 2020­21. The only question that is involved is whether the petitioner’s Society is entitled to […]

Classification of bhusi/ bhuki of pulses / pulses waste -CESTAT directs readjudication

April 15, 2023 663 Views 0 comment Print

R M Trading Company Vs Commissioner of Customs (CESTAT Ahmedabad) The issue involved in the present case is that whether the goods in question i.e. bhusi/ bhuki of pulses / pulses waste cleared from Kandla SEZ is classifiable under Chapter heading 07139099 or 11061000 of Customs Tariff Act, 1975 and consequently whether the appellant is […]

Passport needs to be considered to determine Residential Status of Assessee

April 15, 2023 2874 Views 0 comment Print

Narayanan Subramaniam Vs ACIT (ITAT Delhi) Controversy involved is primarily with regard to question if the assessee had non­-residential status for the relevant Assessment Year 2017-18 and the ld AO had held it against the assessee on the basis that his stay for more than 180 days abroad was not supported by any evidence including […]

ITAT’s Powers to Admit Claim Otherwise than by Revised Return

April 15, 2023 906 Views 0 comment Print

Navneet Dutta Vs ITO (ITAT Delhi) Assessee filed his original return of income on 10.01.2012 for the AY 2011-12 and in the said return due to clerical/typographical error, the assessee could not claim loss from house property. Later on the assessee revised the return of income on 18.06.2012. Assessee has filed rectification application u/s 154 […]

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