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Delay in filing quantum appeal and penalty appeal condoned on demonstrating sufficient cause

August 30, 2024 1002 Views 0 comment Print

ITAT Ahmedabad condoned delay of 326 days in filing quantum appeal and delay of 1 day in filing penalty appeal as assessee demonstrated sufficient cause for the delay.

Decision favourable to assessee will prevail in case of two contrary decision by non-jurisdictional HC

August 30, 2024 1323 Views 0 comment Print

ITAT Ahmedabad held that in case of two contrary decision by non-jurisdictional High Courts, decision favourable to the assessee shall apply. Thus, order of CIT(A) allowing deduction u/s. 80IA of the Income Tax Act upheld.

Penalty not leviable as violation of section 269SS and 269T not justified without clear finding: ITAT Ahmedabad

August 30, 2024 873 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty u/s. 269D and 269E of the Income Tax Act without clear finding along with authentic evidence that provisions of section 269SS and 269T are violated is unsustainable.

Delhi HC directes to prove payment for inward supplies in respect of which refund claimed

August 30, 2024 912 Views 0 comment Print

Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).

No suppression as entire facts known to department while issuing first notice: Karnataka HC

August 30, 2024 1551 Views 0 comment Print

Karnataka High Court held that department was aware about the facts while issuing first show cause notice. Hence, no suppression can be held against the appellant and invoked while raising demand for subsequent period. Accordingly, allegation of suppression of facts not sustained.

Denial of Cenvat Credit merely due to incorrect address on invoice not justified: Delhi HC

August 30, 2024 1116 Views 0 comment Print

Delhi High Court held that denial of Cenvat Credit merely because invoice contained incorrect address unjustified as invoice contained all the requisite particulars as required under proviso to Rule 9(2) of the Cenvat Credit Rules, 2004.

Sugar boiled confectionery Kopiko classifiable under tariff heading 1704

August 30, 2024 699 Views 0 comment Print

CESTAT Ahmedabad held that sugar boiled confectionery Kopiko is more specifically classifiable under Central Excise Tariff Heading [CETH] 1704 9090 and not under CETH 2101 as claimed by department.

Case Analysis of Tiger Global International III Holdings v. Authority for Advance Rulings (Income- Tax) & Ors.

August 30, 2024 3594 Views 0 comment Print

Tiger Global International III Holdings Vs Authority for Advance Rulings (Income- Tax) & Ors. (Delhi High Court) The Delhi High Court delivered a significant judgment in the case of Tiger Global International III Holdings v. The Authority for Advance Rulings (Income-Tax) & Ors., reaffirming the importance of the Tax Residency Certificate (TRC) in international tax […]

No Physical Notice in Ex-Parte Proceedings – ITAT Remands Case to CIT(A)

August 29, 2024 3762 Views 0 comment Print

ITAT Delhi remands case to CIT(A) for fresh adjudication due to lack of physical notice before ex-parte decision on unexplained investment.

Addition u/s 68 was deleted as no incriminating material found during search for Unabated AY

August 29, 2024 1011 Views 0 comment Print

However, the completed/unabated assessments could be re-opened by the AO in exercise of powers under sections 147/148, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 and those powers were saved.

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