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Judiciary

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

November 18, 2024 1983 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 792 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 873 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 1275 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 1791 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.

Bombay HC Condoned Delay in Filing Income Tax Return Due to Genuine Reasons

November 18, 2024 1212 Views 0 comment Print

By an Order dated 20th October, 2023, Respondent No. 1 rejected the Petitioner’s Application for condonation of delay of 80 days in filing the Return of Income. It is this Order dated 20th October,2023 which has been impugned in the present Petition.

Income from AOP/BOI Included in Taxable Income; Post-Tax Share Not Subject to Re-Taxation

November 18, 2024 1257 Views 0 comment Print

Aggrieved by the relief granted by CIT(A) to assessee, Revenue preferred Appeal before ITAT for the assessment years under consideration and against the deletion of additions made by AO. ITAT dismissed the appeal.

ITAT Allows LTCG Exemption on Shares due to Overreliance on Investigation Report, Absence of Enquiry & Genuineness of Transactions

November 18, 2024 2601 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in Smt. Karuna Garg Vs ITO regarding the genuineness of long-term capital gains claims from penny stock transactions.

HC Upholds Tribunal’s Decision: Insufficient Evidence to prove Share Transactions as Bogus

November 17, 2024 1608 Views 0 comment Print

Bombay HC dismisses appeal in CIT-13 Vs Shyam R. Pawar case, upholding Tribunal’s decision on share transaction dispute.

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