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Judiciary

No penalty u/s 114AA of the Customs Act for mis-declaration to DGFT

January 8, 2025 1344 Views 0 comment Print

The alleged misdeclaration in the year of manufacture of the machinery to be imported by the appellant to the Directorate General of Foreign Trade ( DGFT ) did not fall within the purview of Section 114AA of the Customs Act, 1962.

Service tax leviable on service of looking after socio-economic and welfare matters of ex-serviceman

January 8, 2025 408 Views 0 comment Print

Kerala High Court held that services of looking after socio-economic and welfare matters of ex-serviceman by the charitable society is leviable to service tax. Accordingly, appeal dismissed the service tax leviable on the same.

GST Notice/ Order shall be mandatorily be served through post or electronic mode

January 8, 2025 3189 Views 0 comment Print

Udumalpet Sarvodaya Sangham Vs The Authority (Madras High Court) The Hon’ble Madras High Court in the case of Udamalpet Sarvodaya Sangham v. The Authority & Ors [W.P. (MD). Nos. 26481, 25801, 25855, 25979, 25773, 25952, 27362, 27363, 27357 to 27361 27869 & 27190 of 2024 dated January 06, 2025] allows the writ petition where it […]

Non-granting of accumulation of income u/s. 11(2) unsustainable since delay in Form 10 condoned

January 8, 2025 585 Views 0 comment Print

ITAT Bangalore held that non-granting of accumulation of income under section 11(2) due to delay in filing Form 10 not justified since delay was condoned by appropriate authority. Accordingly, appeal allowed in favour of assessee.

Whether ongoing audit can be transferred: Delhi HC to examine

January 8, 2025 471 Views 0 comment Print

Siemens Healthcare Pvt Ltd Vs Union of India & Ors. (Delhi High Court) Writ petition was filed due to reason that ongoing audit was transferred to Anti-evasion wing of CGST Commissionerate and a show cause notice was also issued by Anti-evasion Wing. No such power were conferred by the statute. Time was granted to respondent […]

Tax effect is less than 60 Lakh in appeal by revenue: ITAT held not maintainable

January 8, 2025 684 Views 0 comment Print

It was submitted of behalf of assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects.

Non-mentioning of charge or non striking of irrelevant clauses in the notice-ITAT held penalty notices ambiguous and vague

January 8, 2025 690 Views 0 comment Print

In the matter abovementioned ITAT Delhi vitiated penalty proceedings after examining that non mentioning of charge for which penalty is to be levied makes the notice as much defective as non striking of irrelevant clauses in the notice.

Cash received from agricultural income deposited during demonetization-ITAT deleted addition

January 8, 2025 8991 Views 0 comment Print

In the matter abovementioned ITAT deleted addition made on account of undisclosed cash deposits during demonetization period after observing that assessee has substantiate means of income for depositing cash.

Plausible explanations were made for cash deposited during demonetization-ITAT deleted addition u/s 69A

January 8, 2025 963 Views 0 comment Print

IT Department during demonetization (from November 9, 2016, to December 30,2016) identified various individuals who had deposited substantial sums of cash, under the initiative “Operation Clean Money”.

Dismissal of revision petition for misrepresentation of financial facts in Tobacco business

January 8, 2025 558 Views 0 comment Print

Assessee, had filed an Insolvency Petition under section 10 of the Provisional Insolvency Act, seeking to be declared insolvent due to heavy business losses incurred in his tobacco trade.

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