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Judiciary

Petition premature as objections raised by petitioner needs to be dispose of by concerned authority

March 18, 2023 1245 Views 0 comment Print

Gujarat High Court dismissed the petition as being prematured. It is directed to dispose the objections raised by petitioner by the concerned authority.

Denial of exemption u/s 80P of Income Tax Act just because of belated filing of return not justifiable

March 18, 2023 9045 Views 0 comment Print

ITAT Rajkot held that denying the exemption under Section 80P of the Income Tax Act merely on the ground of belated filing of return by the assessee is not justifiable.

Appellate authority is empowered to entertain any new claim not made before AO

March 18, 2023 1923 Views 1 comment Print

Aggreko Energy Rental India Pvt. Ltd. Vs DCIT (ITAT Pune) ITAT Pune held that appellate authority has power to entertain any new claim for the first time though not made before the Assessing Officer as the intention of the revenue would be to tax real income. Accordingly, revised claim of depreciation on goodwill made otherwise […]

Section 56(2)(x) not attracted to trust created for benefit of members/relative of settler identified as beneficiaries

March 18, 2023 4743 Views 0 comment Print

ITAT Mumbai held that provisions contained in section 56(2)(x) of the Income Tax Act are not attracted in case of the trust created for the benefit of the members / relatives of the settler who have been identified as beneficiaries.

Initiation of reassessment proceeding by mere putting a seal as approving statement not sufficient

March 18, 2023 1047 Views 0 comment Print

ITAT Delhi held that by mere putting a seal as approving statement is not sufficient for initiation of reassessment proceedings u/s 147. It proves that approving authority has granted the approval in mechanical manner without application of mind and hence initiation of reassessment proceedings invalid.

If provisions of DTAA more beneficial then it supersedes provisions of income tax

March 17, 2023 2220 Views 0 comment Print

ITAT Delhi held that the provisions of a DTAA (Double Taxation Avoidance Agreement) supersedes the provisions of the income tax Act in case their application is more beneficial.

Refund post finalization of provisional assessment u/r 9B of Central Excise Rules not hit by unjust enrichment

March 17, 2023 1026 Views 0 comment Print

CESTAT Chennai held that unjust enrichment is not applicable to refund consequent upon finalization of provisional assessment under Rule 9B of Central Excise Rules, 1944.

Matter restored to CIT(A) and cost imposed for continuous non-compliance to notice of CIT(A)

March 17, 2023 1167 Views 0 comment Print

ITAT Hyderabad restore the issue to file of CIT(A)-NFAC as non-appearance before CIT(A)-NFAC due to unavoidable circumstance. Further, due to continuous non-compliance to the statutory notices issued by CIT(A)-NFAC, cost of INR 10,000 imposed to be paid to PM’s Relief Fund.

Projectors capable of being a video projector, classifiable under 85286900

March 17, 2023 1038 Views 0 comment Print

In re Supertron Electronics Pvt. Ltd (CAAR Delhi) It is evident that the projectors in question are designed for use with an automatic data processing machine. It also appears that the subject goods has got additional ports which may make it capable of being a video projector, classifiable under 85286900. In this regard, it may […]

Decide Excise duty Refund based on certificate from buyer & CA: CESTAT

March 17, 2023 3696 Views 0 comment Print

CESTAT Chennai held that appellant for the first time submitted certificate from the buyer reflecting that price in the supply order is without excise duty and also certificate from Chartered Accountant establishing that incidence of duty has not been passed on. Accordingly, matter remanded for deciding refund on that basis.

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