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Judiciary

Reassessment cannot be based solely on reasons borrowed from other departments or reports

May 5, 2024 1368 Views 0 comment Print

In case of Balaji Mines And Minerals Pvt Ltd vs ACIT, Bombay High Court ruled that reassessment cannot be based solely on reasons borrowed from other departments or reports, such as Justice M.B. Shah Commission Report.

ITAT Directs TPO/AO to Delete Adjustment on Export Commission Payment ALP

May 5, 2024 231 Views 0 comment Print

In the case of Honda Motorcycle & Scooter India Pvt Ltd vs. ACIT, ITAT Delhi directed the Transfer Pricing Officer (TPO) and Assessing Officer (AO) to delete the adjustment made on account of the arm’s length price (ALP) of export commission payment.

Time-Barred Section 153C Notice Renders Assessment Order Void: ITAT Chennai

May 5, 2024 840 Views 0 comment Print

Chennai ITAT ruled that the notice issued by the Assessing Officer (AO) under section 153C of the Income Tax Act for the subject assessment year was barred by limitation and void ab initio

Time-Barred Appeal Requires Sufficient Cause for Condonation: ITAT Vishakhapatnam

May 5, 2024 276 Views 0 comment Print

Explore the case of Mahesh Gurram Vs ITO, where ITAT Vishakhapatnam dismisses the appeal as time barred due to insufficient cause for delay. Read the detailed analysis here.

Goods can’t be detained solely for lack of original invoice during transport

May 5, 2024 729 Views 0 comment Print

Karnataka High Court ruled that goods can’t be detained solely for lack of original invoice during transport. Detailed analysis of the case & its implications.

ITAT Mumbai allows TDS credit despite income not being taxable in India

May 5, 2024 657 Views 0 comment Print

Even if income of Non-resident on which tax is deducted, is not taxable in India, credit is to be given for TDS on such income and excess TDS is to refunded to taxpayer.

GST: Delhi HC quashes Vague Show Cause Notice Lacking Details

May 5, 2024 1359 Views 0 comment Print

Delhi High Court quashes a defective Show Cause Notice on GST demand, ruling it vague and lacking details. Detailed analysis and implications provided.

Delhi HC directs Re-Adjudication Due to Failure to Attend SCN Hearing Following Husband’s Death

May 5, 2024 192 Views 0 comment Print

Delhi High Court orders re-adjudication in the Anita Bansal Vs Union of India case due to the petitioner’s inability to attend the hearing regarding Input Tax Credit (ITC) following her husband’s death.

Anyone outside India to avail CENVAT credit: CESTAT Hyderabad

May 5, 2024 207 Views 0 comment Print

CENVAT Credit Rules, 2004 or CENVAT Credit Rules, 2002 are framed under Central Excise Act, 1944. This Act applies to whole of India but not beyond. When Central Excise Act itself does not extend outside India, neither will CENVAT Credit Rules. Therefore, it is impossible for anyone outside India to avail benefit of CENVAT credit.

Delhi HC Directs Re-Adjudication for Order Passed Without Clarification Opportunity

May 5, 2024 381 Views 0 comment Print

Delhi High Court orders re-adjudication in Decolene Fibers Pvt. Ltd. vs Commissioner DGST case, finding fault in the unsatisfactory reply assessment process.

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