CESTAT Mumbai held that confiscation of shark fins without any evidence that there was an attempt to export the same is not justifiable. Accordingly, order confiscating goods set aside and appeal allowed.
The ITAT Mumbai ruled that accrued interest in a loan sale is part of the purchase consideration, not interest. This means a borrower-lender relationship doesn’t exist, and TDS is not required.
Madras High Court held that date of receipt of copy of order is to be accepted in absence of any contrary evidence by the respondents/ department. Accordingly, dismissal of appeal on ground of limitation not justified. Hence, matter remanded back for fresh consideration.
ITAT Delhi ruled a CIT(A) order invalid, stating it had no jurisdiction once a superior authority (PCIT) had already allowed a revision under Section 264.
ITAT Mumbai sets aside a CPC rectification order, ruling it invalid due to a violation of Section 154(3) for enhancing income without a prior notice or hearing.
Gujarat High Court held that since petitioner has generated Part-A of the E-Way Bill covering all the transport related details, the benefit of the Circular No.64/38/2018-GST is required to be given, hence the penalty amount is reduced.
ITAT Chennai held that passing of an order in the name of dead/ deceased person is not sustainable in law. Accordingly, revisionary order passed by PCIT is liable to be quashed and set aside.
Revenue submitted that the order was issued in order to meet statutory limitation deadlines. During the hearing, both assessee and the authority agreed that assessee had an alternate remedy under Section 246A, along with the option to seek condonation of delay under Section 249(3).
Once it was held that there was an independent and separate sale of the HDPE bags in which the cement was sold, there was no question of levying any sales tax at the same rate as that levied on cement.
ITAT Delhi deleted a Rs. 1.40 crore capital gains tax on a property transfer between spouses, ruling that no consideration was exchanged.
