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Judiciary

Taxing & appellate authority should not pass orders in a mechanical manner

January 18, 2023 906 Views 0 comment Print

This Court finds that the taxing authorities as well as the appellate authority should not pass orders in a mechanical manner, when it is dealing with the commercial and financial matter, which affects the revenue of the State.

MEIS claimed on goods of foreign origin – CESTAT reduces Redemption fine & Penalty

January 18, 2023 435 Views 0 comment Print

Cipra Enterprises Vs Commissioner Of Customs- (Export) (CESTAT Delhi) Learned Commissioner (Appeals) observed that it is not in dispute that the goods are not of Indian origin and hence, the appellant was not entitled to claim the benefit of MEIS. Thus, the goods were found to be mis-declared as the appellant had declared the goods […]

No section 40(A)(Ia) disallowance for purchase if TDS not deductible on such purchase

January 18, 2023 609 Views 0 comment Print

Once no TDS is liable to be deducted on these purchases, no disallowance under section 40 (a)(ia) of the I.T. Act can be attracted. Hence, we delete this addition.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1221 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

UPVAT: Tax justified on difference in stock for sales not recorded in books found during survey

January 18, 2023 792 Views 0 comment Print

Sumiti Alloys Pvt Ltd Vs Commissioner Commercial Tax U.P (Allahabad High Court) HC find that the Tribunal has recorded a categorical finding of fact which needs no interference by this Court as there was difference in the stock found by the survey team on the premises of the assessee on the basis of which the […]

UPVAT: Penalty proceeding cannot be initiated merely based on truck driver statement

January 18, 2023 1272 Views 0 comment Print

Statement of a truck driver cannot be the basis for initiating penalty proceedings. Statement of truck driver which has been recorded by officer of department is not corroborated by any proof and said statement cannot be relied upon for initiating penalty proceedings.

Cancelled GST registration can be restored upon fulfilment of conditions

January 17, 2023 3021 Views 1 comment Print

HC held that cancellation of GST Registration due to non-filing of returns can be revoked if assessee files pending returns and pays the taxes, fines, interest along with fee due.

Reassessment invalid if no fresh tangible material made available by petitioner

January 17, 2023 2709 Views 0 comment Print

Ball Aerosol Packaging India Private Limited Vs ACIT (Gujarat High Court) In this case what emerges from the record is that no fresh tangible material distinct from what was made available by the petitioner during the assessment proceedings is emerging and specific queries which have been raised with regard to issues now raised have already […]

Denial of benefit under SVLDRS stating that department decided to file appeal is unjustified

January 17, 2023 1614 Views 0 comment Print

Jharkhand High Court held that benefit under SVLDRS scheme cannot be denied by the designated committee on the reason that department has decided to file an appeal against the OIO.

Addition of difference of share valued and valuation as per IT rules sustained as onus of proof not discharged

January 17, 2023 888 Views 0 comment Print

ITAT Delhi held that addition of difference between the share valued by the company and value determined as per IT Rules sustained as the assessee failed to discharge his onus of proof.

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