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Judiciary

Sales value cannot be enhanced with GST without Adjusting Opening/Closing Stock and Purchases Valuation

March 15, 2024 660 Views 0 comment Print

ITAT Mumbai concluded that the enhancement of the value of sales without corresponding adjustments to purchases was erroneous.

If Receipt Isn’t Taxable for Recipient, TDS Credit Can’t Be Denied: ITAT

March 15, 2024 546 Views 0 comment Print

Dhirajlal Savailal Shah Vs ITO (ITAT Ahmedabad) If the receipt is not liable to tax in the hands of the recipient for any reason, the same cannot be a ground for not granting credit for TDS.

Addition based on seized document retrieved from third person without cross examination opportunity is unsustainable

March 15, 2024 819 Views 0 comment Print

ITAT Delhi held that addition u/s. 69 of the Income Tax Act based on working/ seized document retrieved from third person without granting cross examination opportunity to the assessee is unsustainable in law.

Section 11 exemption cannot be denied for delay in Audit Report (Form 12B) submission

March 15, 2024 570 Views 0 comment Print

Learn about the ITAT Ahmedabad ruling in Karma Falya Trust vs. DCIT case, granting exemption under Section 11 of the Income Tax Act for delay in filing the audit report.

Supplementary show cause notice valid even before insertion of second proviso to section 124 of Customs Act

March 15, 2024 495 Views 0 comment Print

Calcutta High Court held that power to issue supplementary show cause notice, prior to insertion of second proviso to section 124 of the Customs Act, 1962, was implicit and inbuilt in section 124 of the Act. Thus, supplementary notice issued prior to 29.03.2018 i.e. insertion of second proviso is duly valid in law.

Kerala HC: Personal Hearing Required for IT Act Section 148A(d) Orders

March 15, 2024 468 Views 0 comment Print

Kerala High Court rules that personal hearing is mandatory before passing an order under Section 148A(d) of the Income Tax Act.

CESTAT Chennai sets aside confiscation of hand tools, deeming them capital goods under FTP

March 15, 2024 165 Views 0 comment Print

PS Bedi & Co Pvt. Ltd. vs. Commissioner of Customs case analyzed. CESTAT Chennai sets aside confiscation of hand tools, deeming them capital goods under FTP.

Electronic data collected in violation of Digital Evidence Investigation Manual is unsustainable

March 15, 2024 810 Views 0 comment Print

Madras High Court held that digital data collected by the department in the course of search and seizure without following the Digital Evidence Investigation Manual issued by CBDT makes the entire search and seizure unsustainable and ab initio bad

Test reports from laboratories without appropriate testing facilities is untenable for classification

March 15, 2024 219 Views 0 comment Print

Oasis Impex appeals CESTAT Ahmedabad’s reclassification of imported calcite powder. CESTAT rules against rejection without cogent reason. Details of the case explained.

Form 10BA filing Mandatory to claim Section 80GG Deduction: ITAT Bangalore

March 15, 2024 786 Views 0 comment Print

ITAT Bangalore rules that submission of Income Tax Form No. 10BA is necessary for claiming deduction under Section 80GG. Details of the case explained.

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