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Judiciary

Order confirming penalty u/s. 129(1) of CGST Act without granting hearing not justified

December 28, 2024 582 Views 0 comment Print

The present writ petition is filed challenging the impugned order dated 09.11.2024 whereby the petitioner was directed to pay penalty of Rs.6, 18,656/- as proposed in GST MOV 07 under Section 129(1)A of the CGST Act.

Section 275(1A) empowers AO to enhance or reduce penalty based on order passed by higher authority

December 28, 2024 2481 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Income Tax Act empowers AO to pass penalty order by enhancing or reducing penalty on the basis of assessment as revised by giving effect to orders passed by appellate authority or courts.

Income of beneficiaries cannot be treated as income in hands of trust: ITAT Ahmedabad

December 28, 2024 558 Views 0 comment Print

ITAT Ahmedabad held that the income of beneficiaries of trust cannot be treated as income in the hands of the trust. Accordingly, disallowance under section 143(1) of the Income Tax Act not justified.

Allegations of clandestine removal require conclusive proof: CESTAT Kolkata

December 28, 2024 813 Views 0 comment Print

CESTAT Kolkata rejects Revenue’s case against Agrasen Sponge Pvt Ltd, citing lack of evidence for alleged clandestine removal and production discrepancies.

Functionally dissimilar entities not includible as comparable for benchmarking international transactions

December 28, 2024 570 Views 0 comment Print

The assessee had adopted Transactional Net Margin Method (TNMM) as the most appropriate method and Operating Profit/ Operating Cost [OP/OC] as the Profit Level Indicator for benchmarking the international transactions.

Order set aside as AO erroneously added value of transaction for calculating escaped assessment

December 28, 2024 411 Views 0 comment Print

Delhi High Court held that AO has erroneously added value of transaction while calculating income that could possibly have escaped assessment. Accordingly, order set aside and matter remanded back to AO for fresh consideration.

Appeal filed after 1350 days without reasonable cause not condoned: ITAT Ahmedabad

December 28, 2024 396 Views 0 comment Print

The present appeal is filed by the assessee against the denial of registration under section 12AB of the Income Tax Act vide the order passed by the Commissioner of Income Tax (Exemption), Ahmedabad.

Revision u/s. 263 justified as AO granted relief without adequate inquiry into claim: ITAT Mumbai

December 28, 2024 381 Views 0 comment Print

The assessee herein is a part of Allana Group, which is engaged in the business of export of food products and agro commodities including frozen meat processed/frozen food, edible products, agro products etc.

Section 292BB cannot cure non-issuance of notice u/s. 143(2): Delhi HC

December 28, 2024 2424 Views 0 comment Print

Delhi High Court held that non-issuance of notice under section 143(2) of the Income Tax Act is in grave contradiction to section 292BB of the Income Tax Act. Accordingly, revenue appeal dismissed.

Profits from Sale of Jaggery is Taxable under Tamil Nadu Sales Tax: Madras HC

December 28, 2024 1440 Views 0 comment Print

In a recent ruling Madras HC decided the issue in favour of revenue that the essential characteristic of sugarcane in its original form, stands converted after processing, into jaggery and both the commodities are different and distinct from one another.

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