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Judiciary

Entry tax cannot be more than sales tax/VAT levied on goods: Madras HC

September 20, 2024 597 Views 0 comment Print

Madras High Court held that the entry tax on the goods imported from the other States cannot be more than the sales tax/VAT levied on the goods manufactured within the State. Thus, difference between entry tax paid and local sales tax leviable should be refunded back.

Passing of speaking order mandatory in case of re-assessment of Bill of Entry: CESTAT Delhi

September 20, 2024 1035 Views 0 comment Print

The Commissioner (Appeals), however, proceed to imagine grounds for enhancement of the value and dealt with them. This exercise was really not required to be undertaken by the Commissioner (Appeals).

Additional document having material impact on proceedings needs verification hence matter remanded: Madras HC

September 20, 2024 471 Views 0 comment Print

Thereafter, the petitioner lodged objections on 10.03.2022. The impugned Draft Assessment Order was issued thereafter on 30.03.2022 u/s. 144C of the Act. Being aggrieved, the present writ is filed.

Order passed without considering reply and granting opportunity of being heard is unsustainable: Madras HC

September 20, 2024 1647 Views 0 comment Print

Madras High Court held that passing of order without considering the reply and without providing any opportunity of being heard is in violation of principles of natural justice and accordingly liable to be set aside.

Duty demand and attachment of bank account without opportunity of being heard unjustified: Madras HC

September 20, 2024 678 Views 0 comment Print

Held that the intimations and notices were uploaded in the ‘Additional Notices’ tab instead of the ‘Notices’ tab, and the petitioner, lacking computer knowledge, had entrusted this duty to a local tax consultant who, due to poor health, failed to notice the same.

Assessment Order passed Without Considering Submission due to approaching Deadline: HC set-aside

September 20, 2024 1941 Views 0 comment Print

The case of assessee-company was that originally the assessment was transferred to the National e-Assessment Centre and notices were issued by the National e-Assessment Centre, New Delhi.

Addition u/s. 68 sustained as repayment of loan or interest payment not demonstrated: ITAT Ahmedabad

September 20, 2024 1230 Views 0 comment Print

ITAT Ahmedabad held that addition towards unsecured loan where loan was repaid is unsustainable, whereas, addition where assessee failed to demonstrate repayment or interest payment to creditor sustained.

No applicability of sec. 115JB(2)(b) to Union Bank due to non-company status under Companies Act

September 20, 2024 897 Views 0 comment Print

Assessee-bank had calculated tax for the relevant assessment year based on both book profits under Section 115JB at Rs.604,86,39,540 and normal provisions at Rs.1153,29,54,493.

No denial of tax concession on vehicle registered in the name of Trust And not School

September 20, 2024 1575 Views 0 comment Print

Tax Concession on the buses owned by assessee to transport students and staff could not be denied just because the vehicle was registered in the name of Trust and not school as the respective authority failed to see the objects of assessee-trust as an educational Trust.

Light Green Float Glass (tinted non-wired type) should be classified under Tinted Glass subject to detailed examination

September 20, 2024 618 Views 0 comment Print

Light green float glass (tinted non-wired type) should be classified under tinted glass for duty purpose under the Customs Tariff Heading (CTH) 70051010 provided that the goods imported matched the description of “Light Green Float Glass (Tinted Non-Wired Type).

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