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Judiciary

Value of free supply not includible in gross amount charged for levy of service tax

February 19, 2023 936 Views 0 comment Print

CESTAT Ahmedabad held that the value of free supplies cannot be included in the gross amount charged for the purpose of levy of service tax.

Exemption u/s 54 to extent of non-deposit of unutilized amount in ‘Capital Gain Account Scheme’ not available

February 19, 2023 12714 Views 0 comment Print

ITAT Chennai held that exemption under section 54 of the Income Tax Act not allowable to the extent of non-deposit of unutilized amount in Capital Gain Account Scheme. Only proportionate exemption allowed.

High Court permits GST appeal filing after expiry of statutory period

February 19, 2023 2259 Views 0 comment Print

Debson Pumps Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) High Court permitted the petitioner to file an appeal after the expiry of statutory period after condoning the delay. FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT 1. This application has been filed to condone the delay of 109 days in […]

HC allows filing of Appeal as delay was of negligible period

February 19, 2023 1071 Views 0 comment Print

It was held that the Court can allow the Petitioner to file an appeal where there is delay of negligible period by extending time as stipulated under Section 107 of the CGST Act even after expiry of three plus one months.

Article 3 enables Parliament to form new States and alter areas, boundaries or name of existing States

February 18, 2023 4629 Views 0 comment Print

Supreme Court held that Article 3 of the Constitution of India provides that Parliament may by law form new States and alter the areas, boundaries or names of the existing States (which includes Union Territory).

VRS employees stand on different footing than those who retired upon achieving age of superannuation

February 18, 2023 1821 Views 0 comment Print

Supreme Court held that employees who secured VRS benefits and left the service of MSFC voluntarily during this period, stand on a different footing. They cannot claim parity with those who worked continuously, discharged their functions, and thereafter superannuated.

Validity of Notice Issued on Secondary E-Mail Id despite having Primary E-Mail Id

February 18, 2023 5433 Views 0 comment Print

Notice Issued on Secondary E-Mail Id Despite Having Primary E-Mail Id and Email Id Mentioned in the Last Filed ITR is Liable to be Quashed- Bombay High Court

Non-discussion of issue in assessment order doesn’t make it erroneous & prejudicial to interest of revenue

February 18, 2023 1425 Views 0 comment Print

Ajay Engineering and Agricultural Equipment Company Vs PCIT (ITAT Pune) ITAT Pune held that AO did not specifically discuss the five issues in the assessment order, however, assessment order does not satisfy the second condition of being prejudicial to the interest of the Revenue. Simply non-discussion of an issue in assessment order does not render […]

Addition upto limit of gold jewellery/ ornaments allowed as per CBDT Circular dated 11th May 1994 is unsustainable

February 18, 2023 9081 Views 0 comment Print

ITAT Allahabad held that allowable limit as CBDT circular dated 11th May 1994 is the gold jewellery and ornaments to the extent of 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male member of the family. Accordingly, no addition to that extent on account of unexplained investment in jewellery can be sustained.

Penalty u/s. 271D/ 271E of the Income Tax Act not leviable in case of ‘loan given’

February 18, 2023 1950 Views 0 comment Print

ITAT Indore held that penalty under section 271D and section 271E are not attracted in case of loan given. Accordingly, penalty proceeding imposing penalty u/s 271D/ 271E of the Income Tax Act in case of loan given is invalid.

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