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Judiciary

Condonation of delay for condoning huge delay not granted for non-satisfying reasons

April 1, 2023 2250 Views 0 comment Print

ITAT Hyderabad held that reasons given in the condonation application for the delay are not sufficient for condonation of such huge delay of 930 days. Accordingly, appeal dismissed as barred by limitation.

Matter restored because of absence of necessary verification by AO and non-cooperation by assessee

April 1, 2023 447 Views 0 comment Print

ITAT Raipur held that matter needs to be restored in absence of necessary verification by AO in characterizing share application money as unexplained cash credit u/s 68 and non-cooperation and evasive conduct of the assessee.

Classification of goods cannot be altered as some parts imported and cleared under separate BOE

April 1, 2023 843 Views 1 comment Print

CESTAT Chennai held that merely because some parts were imported separately and cleared under a separate Bill of Entry (BOE), the department cannot contend that the goods cannot be classified under CTH 8437. Goods classifiable under CTH 8437 as order placed for supply would be complete only by including the goods imported vide both Bills of Entry.

Imports of Motor Spirit/ High Speed Diesel assessable on actual receipt in shore tank

April 1, 2023 591 Views 0 comment Print

CESTAT Ahmedabad held that imports of Motor Spirit/ High Speed Diesel is assessable on actual receipt in shore tank and not transaction value based on invoice price of overseas supplier.

Employee of Malviya Institute Jaipur being a Government employee is entitled for exemption u/s 10(10AA)

April 1, 2023 297 Views 0 comment Print

ITAT Jaipur held that as per records i.e. the Govt. Gazette Notification and Office Order submitted, Malviya National Institute of Technology, Jaipur (Raj) is a Govt. Organisation and therefore assessee being an employee of Government Organization is entitled for full exemption of earned leave encashment on retirement u/s 10(10AA) of Income Tax Act.

Mere change of opinion not valid for reopening of assessment u/s 148

April 1, 2023 1872 Views 0 comment Print

ITAT Mumbai held that re-opening of assessment under section 148 of the Income Tax Act on account of mere change of opinion is bad-in-law and liable to be quashed.

Condonation of delay in filing claim without indicating sufficient reasons not acceptable

April 1, 2023 4776 Views 0 comment Print

NCLT Hyderabad held that condonation of delay in filing the claim without indicating any sufficient reasons not acceptable as length of the delay is immaterial, but the reasons for condonation of delay matters.

Service tax leviable only if service provider provides lease services and is also a Telegraph Authority

April 1, 2023 498 Views 0 comment Print

CESTAT Hyderabad held that service tax is leviable only if service provider provides lease services and is also a Telegraph Authority as defined under Indian Telegraph Act, 1885. Both conditions needs to be satisfied, for levy of service tax.

Calcutta HC order on matter of travelling outside India for wilful defaulters issued with lookout circular

April 1, 2023 1152 Views 0 comment Print

Sandeep Kabra Vs Bureau of Immigrations (Calcutta High Court) Whether suspended directors of a company who are guarantors can be restricted from travelling outside Country by a Bank by issuing lookout circular on account of being Willful defaulter? The Calcutta High Court in this case was considering the petitioners’ Writ application for travelling abroad to […]

Cost of free supply material not includible in the assessable value

April 1, 2023 735 Views 0 comment Print

CESTAT Chennai held that the demand of duty alleging that cost of free supply material has to be included in the assessable value is not sustainable and liable to be set aside.

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