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Judiciary

Assessee allowed to file an appeal after delay of a negligible period

February 16, 2023 2472 Views 0 comment Print

HC allow assessee to file appeal where there is delay of a negligible period by extending stipulated time under Section 107 of CGST Act 2017

Notice issued to non-existent company after its amalgamation is not valid under Income Tax

February 16, 2023 2817 Views 0 comment Print

HC set aside Section 148 notice, order of assessment and consequential demand and penalty notice, as same was issued in the name of a non-existent company, on account of its amalgamation.

Writ petition filed before passing of final order is premature & not maintainable

February 16, 2023 1347 Views 0 comment Print

HC held that writ petition challenging SCN for reversal of ITC even before passing of final order is premature & cannot be entertained.

Assessee allowed to submit additional reply to SCN against non-payment of tax within prescribed period under SVLDRS

February 16, 2023 936 Views 0 comment Print

Assessee allowed by HC to submit an additional reply to a SCN against non-payment of tax within prescribed period under  SVLDRS

Security deposit is not governed by provisions of Section 27 of Customs Act

February 16, 2023 1494 Views 0 comment Print

Komatsu India Private Limited Vs Commissioner of Customs (CESTAT Chennai) It is not the case of the Revenue that what the appellant claimed was the refund of the duty paid and there is also no dispute that the appellant claimed only the security deposit made. The Hon’ble jurisdictional High Court in the case of M/s. […]

SC dismisses Petition Seeking income tax regulation on sale of personal cars & environment CESS on second car

February 16, 2023 633 Views 0 comment Print

Pass an order to respondents to ensure effective income tax regulation on sale of personal cars in order to prevent misuse of tax regulations like: (a) In addition to PAN card, a copy of last return filed should be made mandatory for purchasing a personal car. [b] Withdraw tax benefit for second car to companies or professionals.

No section 69A addition for denial of section 80G deduction   

February 16, 2023 978 Views 0 comment Print

Batuk Vithalabhai Donga Vs ITO (ITAT Rajkot) If addition under section 80U is not made under section 68 or 69, then tax cannot be imposed under section 115BBE Assessee has not challenged the additions made by the AO under section 80U and 80G of the Act, but has only challenged the computation of tax liability […]

Section 54 Exemption- Allotment Letter date can be treated as Acquisition date

February 16, 2023 3471 Views 0 comment Print

Allotment letter by builder is date of acquisition of property as period of holding for determining whether capital asset is a long-term or a short-term

Purchases/Sales suppression cannot be based on ‘Eye Estimation’ of Stock

February 16, 2023 1821 Views 0 comment Print

HC held that there cannot be an automatic enhancement of taxable turnover on the basis of eye estimation by the Assessing Officer

ITAT allows foreign tax credit as assessee submitted letter by Tax authorities

February 16, 2023 501 Views 0 comment Print

Ashok Madhav Rao Vs ADIT (ITAT Mumbai) In this case only reason why the foreign tax credit was denied to the assessee is that the assessee submitted the certificate of his employer and without submitting any detail of the payment of taxes in Netherlands. Now, we find that claim of the assessee is now supported […]

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