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Judiciary

Reopening Without New Material & on Mere Change of Opinion invalid

July 17, 2024 54 Views 0 comment Print

Gujarat High Court quashes Income Tax reassessment notice against Deepak Natvarlal Pankhiyani HUF, citing lack of fresh evidence supporting income escapement from stock trading.

GST on Deposit Work & Supervision Charges in Electricity Transmission or Distribution

July 17, 2024 33 Views 0 comment Print

Read the detailed analysis of the Advance Ruling in TP Central Odisha Distribution Limited on GST applicability for deposit work and supervision charges.

No Penalty Under Section 112(b)(ii) Without Evidence of Smuggled Gold

July 17, 2024 63 Views 0 comment Print

Read the detailed analysis of CESTAT Kolkata’s decision to quash penalties under Customs Act Section 112(b)(ii) due to lack of evidence in R. K. Swami Singh’s gold smuggling case.

Reassessment cannot be based solely on reevaluating existing facts without new substantive material

July 17, 2024 57 Views 0 comment Print

PCIT Vs Farmson Pharmaceuticals Gujarat Pvt Ltd (Gujarat High Court): Reassessment cannot be solely based on a reevaluation of existing facts without new, substantive material indicating income escapement.

Edible supari & industrial betel nut same product: HC allows SAED refund claim

July 17, 2024 30 Views 0 comment Print

Read the full judgment of Commissioner of Customs Vs Baburam Harichand by Gujarat High Court. Industrial betel nuts and supari are deemed the same, justifying special duty refund.

No re-opening of assessment on mere change of opinion without nexus with original materials

July 17, 2024 123 Views 0 comment Print

Assessee was engaged in diamond manufacturing, trading, and windmill power generation, had claimed deductions under sections 35DD and 80IA(4)(iv) during scrutiny assessment. Despite furnishing all details, AO issued a notice for reassessment, alleging income escapement related to the deduction under section 80IA.

ITAT Sets Aside CIT(A)’s Order for not providing fair & reasonable opportunity

July 17, 2024 249 Views 0 comment Print

ITAT Raipur order on Rajesh Kumar Tiwari vs ITO. ITAT sets aside Income Tax reassessment completed without providing fair & reasonable opportunity

Non-Filing of GST Return by Supplier – Assessment Reopening Validity- ITAT Mumbai Order

July 17, 2024 735 Views 0 comment Print

Read the detailed analysis of Karrm Infrastructure Pvt. Ltd. vs. CIT at ITAT Mumbai. Learn why ITAT ruled that non-filing of GST by suppliers can’t justify reopening an assessment after 4 years.

Debiting Duty Scrips: A Payment Mode, Not Just Administrative: Madras HC

July 16, 2024 189 Views 0 comment Print

Understand the Madras High Court’s ruling on debiting Social Welfare Surcharge (SWS) from MEIS/SEIS Scrips against customs duties in Gemini Edibles and Fats India Pvt. Ltd Vs Union of India case. Get insights here!

GST Penalty Case: Transporter Has Freedom to Choose Route Unless Law Explicitly Regulates

July 16, 2024 351 Views 0 comment Print

Karnataka High Court ruling clarifies limits of freedom of movement in commerce, upholding GST penalty. Read the full judgment here.

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