Kanchenjunga Distilleries & Liquors Vs DCIT (ITAT Kolkata) Late Audit Report No Bar -Substance Over Form – ITAT Kolkata Deletes Disallowance of ₹2.07 Cr for Belated Form 10CCB Assessee filed return of income on 22.12.2021 declaring nil income after claiming deduction of ₹2.07 crore u/s 80IE. The extended due date for return filing was 15.03.2022 […]
ITAT Kolkata rules that a PCIT cannot initiate a Section 263 revision based solely on an AO’s proposal without independent satisfaction, quashing the revisionary order.
A summary of the ITAT Ahmedabad ruling in Vimal Sureshbhai Mishra vs CPU, addressing the incorrect computation of interest under Section 234B.
Detention of a foreign national’s 84-gram gold chain by Customs without issuance of a Show Cause Notice (SCN) within one year u/s 110 of Customs Act was invalid and the continued detention was impermissible in law.
Once the death was intimated, the Department ought to have proceeded against the legal heirs rather than the deceased. Since the impugned order was passed against a dead person, it was invalid in law.
Premature issuance of the order nullified the opportunity for the taxpayer to present its defense and documents, which was fundamental to fair adjudication. Therefore, the impugned order was set aside and the department was directed to re-adjudicate the matter.
CESTAT Chennai held that denial of DEPB scrip benefit to innocent transferee importers of fraudulently obtained licence by original licence holder not justifiable since licence was not cancelled by appropriate authority at the time of import of goods. Accordingly, order set aside and appeal allowed.
Rajasthan High Court held that amendment to notification dated 10.07.2019 made vide notification dated 24.02.2021 by adding new category ‘Sleeper Bus’ is valid. Accordingly, levy of motor vehicle tax on ‘Sleeper Bus’ upheld.
ITAT Bangalore held that SanDisk India [Western Digital India] is not a Dependent Agency Permanent Establishment [DAPE] of SanDisk Ireland and hence the assessee income is not chargeable to tax in India.
NCLAT Chennai held that as per the Insolvency and Bankruptcy Code [IBC] there is no provision to ‘provisionally’ constitute the Committee of Creditors [CoC]. Thus, CoC once constituted is final and cannot be revised by IRP.
