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Judiciary

Issue on Merits not Opened in SCN: HC grants interim protection to Dhampur Sugar Mills

March 14, 2023 423 Views 0 comment Print

Dhampur Sugar Mills Ltd Vs Commissioner Of Customs And Central Excise (Allahabad High Court) Allahabad High Court heard learned counsel for parties and having perused the record, prima facie, it cannot be disputed that the issue on which adjudication was sought to be made and the issue that has been adjudicated appear to be different. […]

Departmental authorities need to decide on provisional release application filed u/s 110A of Customs Act, 1962

March 14, 2023 624 Views 0 comment Print

Raw enterprises Vs The Principal Commissioner of Customs (Madras High Court) Madras High Court held that as per provisions of section 110A of the Customs Act, 1962 departmental authorities need to take decision on provisional release application. Petitioner directed to furnish fresh application u/s 110A as against the allegation that application is not in prescribed […]

Bail application rejected on the basis of gravity of offence and criminal antecedents

March 14, 2023 3873 Views 0 comment Print

Allahabad High Court rejected the bail application filed u/s. 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of gravity of offence and the criminal antecedents.

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1440 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

Adjudicating Authority cannot issue final direction without hearing the Appellant: NCLAT

March 14, 2023 399 Views 0 comment Print

Rajasthan State Mines & Minerals Ltd Vs Parag Sheth & Ors (NCLAT Delhi) It is observed that direction issued by the Adjudicating Authority are final direction allowing an application filed by the RP without issuing notice to the Appellant. Learned Counsel for the Appellant submits that the directions could not have been issued without hearing […]

CESTAT allows transfer of cenvat credit balance to lessee unit

March 14, 2023 129 Views 0 comment Print

The issue to be decided is whether the rejection of the request to transfer the cenvat credit balance to the lessee unit is legal and proper.

Delay in Tax Audit Report Submission is Technical Breach: ITAT deletes section 271B Penalty

March 14, 2023 3318 Views 0 comment Print

The issue in the present appeal relates to the exigibility of penalty u/s 271B for failure of the assessee to get accounts audited in respect of the previous year relevant to the assessment year under consideration as required u/s 44AB and furnished to the Assessing Officer before specified due date i.e. due date for filing the return of income.

Cash Deposits during Demonetization – ITAT upheld PCIT instruction to follow CBDT SOP

March 14, 2023 1209 Views 0 comment Print

Chandrakant Tatoba Patil Vs PCIT (ITAT Pune) ITAT noted that on an examination of the assessment record, the PCIT found abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period. According to the PCIT, during the period from 09-11-2016 to 31-12-2016, the assessee deposited cash amounting to Rs.1,43,81,225/- which is inclusive of […]

Service Tax refund cannot be granted for non-production of original documents / export invoices

March 14, 2023 969 Views 0 comment Print

Core Minerals Vs Commissioner of Service Tax (CESTAT Chennai) Notification No. 17/2009 dated 07.07.2009 only requires the production of documents and it is not in dispute that the appellant had indeed produced the documents (though a few photocopy of some invoices). Thus, we are of the clear view that the appellant has complied with the […]

In absence of proof Brokerage on Sale of Property not allowable

March 14, 2023 2148 Views 0 comment Print

Lakshminarayana Gupta Vs CIT(A) (ITAT Bangalore) The solitary issue that is raised in this appeal is with regard to the disallowance of brokerage claim amounting to Rs.2,17,000/-. It is claimed that assessee had incurred brokerage of Rs. 3,10,000 regarding sale of a property. The assessee has not produced any proof/evidences to substantiate that he had […]

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