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Judiciary

Taxation Bar Association member eligible to vote post twelve Income Tax/ GST filings in year: Delhi HC

October 5, 2024 921 Views 0 comment Print

Present application has been filed on behalf of Taxation Bar Association seeking modification of Para 35(11.17)(iv) of the judgment dated 19th March, 2024 insofar as it requires twelve appearances in a year to be eligible to vote in elections.

Summary of show cause notice cannot substitute requirement of notice u/s. 73: Gauhati HC

October 5, 2024 2040 Views 0 comment Print

Gauhati High Court held that the Summary of the Show Cause Notice along with the attachment containing the determination of tax cannot be said to be a valid initiation of proceedings under Section 73 without issuance of a proper Show Cause Notice.

Treatment of losses due to exchange rate fluctuation needs effective adjudication hence matter remanded

October 5, 2024 588 Views 0 comment Print

Bombay High Court remanded the matter of correct treatment of losses arising due to exchange rate fluctuation since order doesn’t deal with import of Section 43A of the Income Tax Act and its interplay with section 37(1).

No addition of unexplained jewellery as CBDT Instruction 1916 allows Jewellery Holding for other Family Members

October 5, 2024 9627 Views 0 comment Print

Assessee challenged CIT(A) order before the Bangalore Bench of ITAT arguing that 1450 grams of gold should not be considered unexplained as it fell within the permissible limits of CBDT Instruction No. 1916.

Classification of “Motor Controllers” should be under CTH 8503 0090 as “Parts of Electric Motors” for Import Valuation

October 5, 2024 1140 Views 0 comment Print

Assessee, to avoid delay and demurrage charges, cleared the goods on payment of the enhanced customs duty, under protest, and requested the lower authority to issue the order(s) of assessment under Section 17(5) of the Customs Act, 1962.

No import of vehicle in CKD form if essential components were sourced locally

October 5, 2024 2100 Views 0 comment Print

Until all the components of the complete article were presented together for assessment at the same point of time, Rule 2(a) of General Interpretative Rules could not be invoked to classify the parts as complete article.

Notices issued through income tax portal only is not a valid service of notice: ITAT Chandigarh

October 5, 2024 15309 Views 0 comment Print

ITAT Chandigarh held that since notices were issued through ITBA portal only it cannot be treated as a valid service of notice. Accordingly, proceedings initiated under section 147/148 of the Income Tax Act is liable to be quashed.

Addition u/s. 68 matter send back for de novo proceedings due to unclear information: ITAT Bangalore

October 5, 2024 582 Views 0 comment Print

ITAT Bangalore held that addition under section 68 of the Income Tax Act towards unexplained money send back for de novo reassessment due to difference in amounts and unclear information.

Orissa HC directed petitioner to find statutory remedy in matter of levy of fine for late filing of bill of entry

October 5, 2024 393 Views 0 comment Print

Orissa High Court dismissed the petition relating to levy of fine due to late filing of bill of entry due to availability of statutory remedy. Directed petitioner to find statutory remedy who can deal with its grievance.

Addition u/s. 69 against unexplained investment sustained in absence of sufficient evidences: ITAT Raipur

October 5, 2024 1161 Views 0 comment Print

The assessee is an individual, whose case for AY 2011-12 was reopened on the basis of AIR information available in the system of department, accordingly, a notice u/s 148 was issued on 30.03.2018 and served upon the assessee through RPAD.

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