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Judiciary

Unexplained Labor Credits sustained additions as Evidence of Labor & Material Payments not produced

October 26, 2023 297 Views 0 comment Print

ITAT Visakhapatnam held that addition towards unexplained labour credits sustained as assessee failed to discharge the onus casted on it and failed to produce material evidence with respect to labour payments and material payments.

Bail Granted as Department Cannot Arrest Accused Without Warrants After Summons Issuance

October 26, 2023 549 Views 0 comment Print

Delhi High Court held that the department after issuance of summons couldn’t arrest the respondent/accused unless warrants were issued by the Special Court on requisite grounds. The exercise of power of arrest by the department was totally unjustifiable. Accordingly, bail granted.

Disallowance of net prior period expenditure debited under ‘prior period expenses’ unsustainable

October 26, 2023 6177 Views 0 comment Print

ITAT Mumbai held that disallowance of net prior period expenditure debited under the head ‘prior period expenses’ unsustainable as expenditure duly allowed in earlier years by the Tribunal.

PCIT vs. Swetaben Patel: No Addition Without Incriminating Material

October 26, 2023 696 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT (Central) vs. Swetaben Ghanshyambhai Patel regarding assessments and additions in the absence of incriminating material.

Foreign travel expenditure incurred in connection with business cannot be disallowed

October 26, 2023 795 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure unjustifiable as the same are incurred in connection with the business of the assessee.

Social Welfare Surcharge will be NIL when Basic Customs Duty is NIL

October 26, 2023 1050 Views 0 comment Print

CESTAT Kolkata held that when the Basic Customs Duty (BCD) is Nil Social Welfare Surcharge (SWS), being computed at the rate of 10% of BCD, will also be Nil

Penalty imposed on customs broker for not pointing out non-compliance in export transactions

October 26, 2023 549 Views 0 comment Print

CESTAT Mumbai imposed penalty on customs broker for failure in not being proactive in fulfilling their obligation by failing to bring to the notice of the Customs department about the non-compliances in export transactions.

AO cannot reopen assessment u/s. 148 when order u/s. 245D is passed by Income Tax Settlement Commission

October 26, 2023 693 Views 0 comment Print

ITAT Ahmedabad held that once the Income Tax Settlement Commission has passed final order u/s. 245D of the Income Tax Act, AO has no jurisdiction to reopen the same u/s. 148 of the Income Tax Act.

Addition u/s 68 towards sale of shares unsustainable as investment in shares not disputed

October 26, 2023 1161 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards sale of shares by the assessee unsustainable as such transaction cannot be alleged as unexplained/ bogus when department has not disputed investment in shares.

GST Assessment Order is void when Notice is not served: Madras High Court

October 26, 2023 1920 Views 0 comment Print

Madras High Court quashes an assessment order in a GST case, emphasizing the importance of serving proper notice and adhering to principles of natural justice.

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