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Judiciary

State bound to cause conversion of leasehold right to ownership upon permission granted under proviso to section 281(ii)

March 10, 2023 4563 Views 0 comment Print

Orissa High Court held that in event petitioners obtain conversion, there will be better chance of recovery by revenue on proceeding with the attachment of land that would then be owned by the estate. However, upon the permission granted under clause (ii) of the proviso in section 281, State will be bound to cause the conversion

Once penalty u/s 271AAB applied in search addition, invoking provision of section 115BBE unjustified

March 10, 2023 2187 Views 0 comment Print

ITAT Jaipur held that once penal provisions under section 271AAB of the Income Tax Act are applied in case of search addition, invoking provision of section 115BBE is not in accordance with law and accordingly unsustainable.

Revenue appeal dismissed as tax effect is below prescribed monetary limit

March 10, 2023 2580 Views 0 comment Print

PCIT Vs Urmila RCP Projects Pvt. Ltd. (Jharkhand High Court) Jharkhand High Court dismissed the tax appeal filed by the revenue on the question of maintainability as the tax effect involved in the matter is much below the monetary limit as enumerated in Circular No. 3/2018, Dated: 11/07/2018 read with Circular No. 17 of 2019. […]

Value declared on import upheld as difference in comparable price justifiably explained

March 10, 2023 1017 Views 0 comment Print

CESTAT Ahmedabad held that difference is value declared on import of non-calcined petroleum coke by the appellant i.e. Rs. 2871.15 as against the comparable imports price i.e. Rs. 3701.20 justified based on the nature of supplies and long-term contract of appellant with supplier.

Fresh return filing not required if already filed return is to be treated for reassessment

March 10, 2023 2514 Views 0 comment Print

ITAT Delhi held that if already filed return is to be treated for the purpose of re-assessment, then, filing of fresh return on receipt of notice under section 148 of the Income Tax Act is not required.

Validity of substantive addition in one year & protective addition in other year

March 10, 2023 1218 Views 0 comment Print

Microsoft Regional Sales Pte. Ltd. Vs ACIT (ITAT Delhi) While in the A.Y. 2018-19, the protective addition has been made in the hands of the assessee and the substantive addition has been made in the Mol Corporation during the A.Y. 2019-20, the substantive addition has been made in the case of assessee as the case […]

Cash Deposit during Demonetization: ITAT confirm Addition partially in Absence of Statement of Affairs

March 10, 2023 4908 Views 0 comment Print

A. Manoharan Vs ITO (ITAT Bangalore) ITAT observe that the AO has made the addition under Section 69 of the Act of Rs.12,75,802/- for want of proper explanation of cash deposited during demonetisation period. The assessee tried to justify the same by submitted that the assessee had withdrawn cash from his Corporation Bank and Indian […]

Service Tax Penalty under Section 76 cannot be imposed when Section 78 penalty was imposed

March 10, 2023 1749 Views 0 comment Print

Sos Finance Vs C.S.T. Service Tax (CESTAT Ahmedabad) Limited issue to be decided in the present case is that whether the appellants are liable for penalty under Section 76 & 78 of the Finance Act, 1994. As regard, the imposition of penalty under Section 76 in the present case, I find the issue is settled […]

For limitation calculation for GST Refund Application Period from 01.03.2020 to 28.02.2022 not includible

March 10, 2023 1101 Views 0 comment Print

Megicon Impex Pvt Ltd Vs Commissioner Of Central Goods And Services Tax Delhi West & Ors. (Delhi High Court) he learned Counsel appearing for the parties have drawn attention to a notification dated 05.07.2022, whereby the period commencing from 01.03.2020 to 28.02.2022, was directed to be excluded for computing the period of limitation, for filing […]

Adjustment of duty drawback against pre-deposit under Section 129E of Customs not permissible

March 10, 2023 717 Views 0 comment Print

Colour Cottex Pvt Ltd Vs Commissioner of Customs (Exports) (Delhi High Court) Delhi High Court  find merit in Revenues contentions that the relief directing adjustment of duty drawback against the petitioner’s obligation to make a pre-deposit under Section 129E of the Customs Act is not permissible. The nature of a claim for duty drawback is […]

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