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Judiciary

Bombay HC: Reassessment Barred by ‘Change of Opinion’

November 10, 2023 1152 Views 0 comment Print

Explore Bombay High Court’s ruling on Hasmukh Estates Pvt. Ltd. vs. ACIT, challenging reassessment based on internal audit objections and a ‘change of opinion.

Demand unsustainable as revenue failed to lodge claim with Resolution Professional

November 10, 2023 396 Views 0 comment Print

Delhi High Court held that as revenue has failed to lodge the claim with the Resolution Professional, they cannot enforce the impugned orders and notices, given the binding nature of approved Resolution Plan.

No penalty u/s 271FAA as defects were rectified within the time limit u/s 285BA

November 10, 2023 933 Views 0 comment Print

Penalty under section 271FAA  was deleted as the defects in the statement of the reportable account were rectified within the time limit provided under sub-section (4) of Section 285BA.

Penalty cannot be imposed on EOUs for failure to achieve positive NFE

November 10, 2023 516 Views 0 comment Print

CESTAT Chandigarh held that penalty u/s. 112 not imposable as goods are not held liable for confiscation. Further, penalty cannot be imposed on EOUs for failure to achieve positive NFE.

Demand on past consignments based on examination report of live consignment unsustainable

November 10, 2023 723 Views 0 comment Print

CESTAT Bangalore held that without any such evidences based on the examination report of live consignment, one cannot extrapolate the same to the past consignments. Accordingly, demand for all the past consignments set aside.

Closed assessment cannot be reopened without any actionable material

November 10, 2023 723 Views 0 comment Print

Delhi High Court held that reopening of closed assessment which has reached culmination without any actionable material is unsustainable in law and hence liable to be quashed.

Courts could not overrule decisions of Govt-Appointed Experts unless there was gross miscarriage of Justice

November 10, 2023 456 Views 0 comment Print

Board is the authority to regulate the functioning of the Insolvency Professionals and the Board comprises of experts in the field who have been appointed by the Central Government to carry out the functions specified under Part IV of the IBC.

CENVAT Credit Allowed for Management Consultancy Services under Rule 6(5) of CCR

November 10, 2023 450 Views 0 comment Print

The CESTAT Ahmedabad rules in favor of Sabic Innovative Plastics India Pvt Ltd, allowing CENVAT credit for Management Consultancy Services and halting enforcement of demand notice.

ITAT Upholds Section 56(2)(viib) Addition for Excess Consideration on Share Allotment

November 10, 2023 762 Views 0 comment Print

ITAT Mumbai upholds addition in Osianama Learning Experience Pvt. Ltd. case under Section 56(2)(viib) of the Income Tax Act, related to excess consideration received on allotment of shares.

No Excise Duty on Exempted Steam with Reversed CENVAT Credit

November 10, 2023 519 Views 0 comment Print

CESTAT Ahmedabad’s verdict on C.C.E. & S.T vs. Shreno Limited case regarding excise duty demand under Rule 6(3) of CCR when CENVAT credit is reversed on common input services for exempted steam.

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