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Judiciary

Grants used as per terms & condition for particular event held abroad doesn’t require CBDT approval

February 15, 2023 660 Views 0 comment Print

ITAT Delhi concluded that grants were given specifically for participation in a particular event held in abroad grant was utilized as per terms and conditions and it was not free for the assessee to use the funds voluntarily. Accordingly approval of CBDT under sections 11(1)(c) of the Act not required.

Goods reached at destination in-time but goods unloaded after expiry of E-Way Bill

February 15, 2023 3795 Views 0 comment Print

State of Karnataka Vs Hemanth Motors (Karnataka High Court) Learned AGA appearing for the appellant has vehemently argued and contended that unloading was not done until 5.00 p.m. on the next day and therefore, the goods cannot be transported without seeking extension of validity period of E-way bill. The learned AGA would further contend that […]

HC set-aside service tax demand as non-speaking order was passed without considering exemption clauses

February 15, 2023 1479 Views 0 comment Print

Shri Keshab Purkayastha Vs  Union of India (Tripura High Court) The impugned order dated 16.11.2022 passed by the respondent No.3, apart from being illegal, arbitrary and without jurisdiction, is apparently perverse and fraught with patent illegality since it was conclusively decided by the respondent No.2 after consulting the relevant laws that the services rendered by […]

HC allows manual application for Claim for Refund of Eligible excess ITC

February 15, 2023 1329 Views 0 comment Print

Tvl. Ramana Textiles Private Limited Vs Commissioner of State GST and Commercial Taxes (Madras High Court) The present Writ Petition has been filed seeking for a writ of Mandamus to direct the respondents to refund the eligible excess ITC amount for the month of January to March 2018, based on the petitioner’s application dated 13.02.2019 […]

Section 272A(1)(d) penalty not leviable if AO not acted on adjournment request of assessee

February 15, 2023 7122 Views 0 comment Print

No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.

Unexplained Difference in amount specified in Form 26AS & returns – ITAT upheld addition

February 15, 2023 999 Views 0 comment Print

Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition

Audited Books cannot be rejected for Producing Photocopy of Bills instead of original

February 15, 2023 1023 Views 0 comment Print

Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]

Section 263 invocable as non-verification of trade discount vis-à-vis TDS makes assessment order erroneous

February 15, 2023 543 Views 0 comment Print

ITAT Chennai held that AO failed to verify the issue of trade discount in the light of provisions of section 194C-194H and hence the assessment order passed by AO is erroneous. Accordingly revisionary power under section 263 stand invocable.

Revisionary power u/s 263 not invocable as facts already examined by AO

February 15, 2023 765 Views 0 comment Print

ITAT Mumbai held that revisionary power under section 263 of the Income Tax Act is not invocable for taking second opinion by Pr. CIT as the facts were already examined by AO.

Section 143(1) intimation cannot be issued for invalid return

February 15, 2023 1854 Views 0 comment Print

Rajdhani Institute of Information Technology Vs CIT(A) (ITAT Cuttack) It was the submission that the assessee had been served with a communication dated 21.08.2015 intimating that the return filed by it was a defective return and if the defect was not rectified the return would be treated as invalid. Assessee had not complied with the […]

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