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Judiciary

GST amount do not form part of receipts for computation of income u/s. 44BB: ITAT Mumbai

November 18, 2024 1002 Views 0 comment Print

ITAT Mumbai held that GST/service tax which is collected by the assessee from its customers and paid to the Government do not form part of the receipts for computation of income as per section 44BB of the Income Tax Act.

No Interest on Refund When Assessment Finalized Within Section 18(4)Timeframe: CESTAT Chandigarh

November 18, 2024 756 Views 0 comment Print

CESTAT Chandigarh held that interest on refund not eligible if the assessment is finalized within three months as prescribed under Section 18(4) of the Customs Act, 1962. Accordingly, appeal dismissed.

LTCG on Penny Stocks: Report Not Before AO Can’t Make Order Prejudicial to Revenue

November 18, 2024 939 Views 0 comment Print

Analysis of ITAT Kolkata’s ruling in Usha Devi Modi vs ITO on Section 263 of the Income Tax Act, addressing capital gains on penny stocks and revisionary jurisdiction.

LTCG on sale of shares: Addition based on mere generalized reports & conjectures not sustainable

November 18, 2024 2376 Views 0 comment Print

ITAT Kolkata rules in Shashi Bala Bajaj vs ITO that LTCG addition based on generalized reports, suspicion, and conjectures is not sustainable.

No Seizure & GST Penalty for Route Deviation in Transport: Allahabad HC

November 18, 2024 1968 Views 0 comment Print

Allahabad HC ruled that GST goods can’t be seized or penalized for taking a different route during transit if documents are genuine. Case: Exide Industries Ltd.

Section 36(1)(iii) Disallowance Unwarranted as No New Advance to Sister Concern: ITAT Bangalore

November 18, 2024 900 Views 0 comment Print

The assessee is a private limited company and is engaged in the business of providing aviation services by operating and maintaining aircrafts at various locations and having base at Bengaluru. The return of the assessee was selected for scrutiny.

Press release dated 15.07.2020 classifying alcohol-based hand sanitisers as “disinfectants” quashed

November 18, 2024 783 Views 0 comment Print

The Petitioner has paid the differential duty under the protest. Thus, vide the present petition, the petitioner challenges the impugned Press Release dated 15.07.2020 and the impugned show cause notice cum demand notice dated 17.04.2023.

Income Tax Rule 2BBB Applies Prospectively from AY 2015-16: ITAT Ahmedabad

November 18, 2024 870 Views 0 comment Print

ITAT Ahmedabad held that Rule 2BBB of the Income Tax Rules, 1962 was introduced only from AY 2015-16 and the same is not applicable for AY 2014-15. Thus denial of exemption u/s. 10(23C)(iiiab) of the Income Tax Act unjustified.

Delay of more than 10 years condoned as tax liability fastened without authority of law: ITAT Hyderabad

November 18, 2024 1269 Views 0 comment Print

ITAT Hyderabad condoned delay of nearly a decade in filing of an appeal since tax liability was fastened on the assessee without an authority of law and it is a well settled principle of law that unless authority of law, no tax can be collected.

Rejection of Service Tax Refund Under Section 142(8) of CGST Act Not Justified: CESTAT Chennai

November 18, 2024 1773 Views 0 comment Print

CESTAT Chennai held that denial of refund claim related to cenvat credit of service tax under RCM by invoking provisions of Section 142(8) of the CGST Act is cannot be justified. Accordingly, order rejected refund claim set aside.

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