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Judiciary

ITAT deletes Addition for cash kept for Medical Emergency deposited during Demonetization

February 17, 2023 1287 Views 0 comment Print

Krishna Goyal Vs ACIT (ITAT Delhi) In course of assessment proceedings, the assessee has explained the source of deposits in the bank account to be out of the withdrawals made from the very same bank account. However, the Assessing Officer as well as learned Commissioner (Appeals) have partly accepted the explanation of the assessee only […]

ITAT deletes part addition for Agricultural Produce considering reasonable quantum of sale proceeds

February 17, 2023 507 Views 0 comment Print

Assessee has established on record that it had receipts from sale of agricultural produce, only because some invoices relating to sale are not available, assessee’s claim cannot be More so, considering reasonable quantum of sale proceeds.

Kerala HC Allows Payment of Motor Vehicle Tax arrears in Installments

February 17, 2023 480 Views 0 comment Print

Petitioner prayed for a direction to respondent to accept repayment of motor vehicle tax arrears demanded for the vehicle in instalments.

UPVAT on bottles in the form of pat pre-form of plastic bottles

February 17, 2023 594 Views 0 comment Print

Commissioner Commercial Tax U.P. Vs Varun Beverages Ltd. (Allahabad High Court) The short controversy before this Court is that as to whether pat pre-form of plastic bottles which are supplied by the assessee who is manufacturer to various dealers is liable to be taxed @ 4% as mentioned in Schedule-II Part C Entry No.174 of […]

No penalty if Assessee revises return before completion of Assessment & correct Bonafide mistake

February 17, 2023 750 Views 0 comment Print

Shri Altaf Hussain Laskar Vs DCIT (ITAT Guwahati) The case of the assessee is that he has committed certain mistakes in computing the income originally, whereby certain exempt income was included as taxable and certain perquisites were claimed as exempt in the revised return. In other words, earlier assessee has included the value of LIC […]

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1080 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

Section 11 exemption cannot be denied to trust if Audit Report filed before completion of assessment

February 17, 2023 2238 Views 0 comment Print

DCIT (Exemptions) Vs Nabajuga Educational And Charitable Trust (ITAT Cuttack) At the outset, if the return filed on 31.10.2018 was not accompanied by the audit report, then it was incumbent upon the revenue to issue notice u/s.139(9) of the Act to treat the return filed by the assessee as defective. Admittedly, this has not been […]

Section 54B exemption cannot be Denied for Agricultural Land Purchase in Wife’s Name

February 17, 2023 2349 Views 0 comment Print

ITAT held that deduction under Section 54B/54F of Act is available in cases where investments are made in property purchased in name of wife.

Sales tax/ VAT dues payable by original owner cannot claim priority over secured creditor’s due

February 16, 2023 1113 Views 0 comment Print

Gujarat High court held that the dues in the nature of sales tax or VAT payable by the original owner cannot claim priority over the dues of the secured creditor.

Demand not sustainable when Service Tax is already paid prior to its levy

February 16, 2023 1260 Views 0 comment Print

CESTAT held that, SCN under Section 73(3) of CGST Ac was issued after Service Tax amount was paid by assessee, thus, demand for tax is not sustainable

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