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Judiciary

HC Reverses 2016 Ex-Parte Order: Impacts of Best Judgment Assessment

October 19, 2023 885 Views 0 comment Print

High Court’s decision to set aside a 2016 ex-parte order, impacting best judgment assessment for Parina Laboratories Pvt. Ltd. Get insights into case and its implications.

Matter remanded as ITAT misdirected itself and made addition on presumptive income

October 18, 2023 426 Views 0 comment Print

Delhi High Court held that ITAT misdirected itself on facts as addition was made on presumptive income without considering the loss in trading in equity and commodities and hence matter remanded to ITAT.

Circular cannot impose new condition and restrict scope of exemption notification

October 18, 2023 792 Views 0 comment Print

CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.

Penalty not warranted as non-reflection of foreign assets in return not malafide

October 18, 2023 2487 Views 0 comment Print

ITAT Mumbai held that penalty under section 43 of the Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 unwarranted for non-reflection of investment in Schedule of Foreign Assets in return as it was not malafide or dishonest breach/ non-disclosure.

Order remanding matter set aside as all elements already considered at time of finalization of provisional assessment

October 18, 2023 462 Views 0 comment Print

CESTAT Kolkata held that order of Commissioner (A) remanding the matter set aside as the Order-in-Original passed by the Deputy Commissioner has taken into account all such elements at the time of finalisation of provisional assessment.

Pre condition payment at 10% can be adjusted out of unutlized ITC

October 18, 2023 2439 Views 0 comment Print

An analysis of latest Madras High Court judgment in Larsen & Toubro Limited’s case regarding adjusting pre-deposit from Electronic Credit Ledge in GST First Appeals.

Assessment order not bearing DIN number is non-est in the eyes of law

October 18, 2023 1734 Views 0 comment Print

Explore the Ankit Jain vs. DCIT (ITAT Delhi) case, emphasizing the crucial role of DIN in assessment orders. Learn about ITAT’s decision and CBDT circular implications.

Telecom licence fee payable as a percentage of gross revenue is a Capital Expenditure: SC

October 18, 2023 5199 Views 0 comment Print

Learn about the Supreme Court of India’s decision on classifying telecom license fees as capital expenditure, and how it affects taxation and business operations

Cancellation of GST registration upheld as no business was conducted from place of business

October 18, 2023 1857 Views 0 comment Print

Kerala High Court held that petitioner didnt filed any document for the change of his business place nor supported the claim that business was being run from the registered address. Accordingly, cancellation of GST registration upheld.

Deduction u/s 80IB(10) is available to joint venture/ firm and not to partner

October 18, 2023 321 Views 0 comment Print

ITAT Hyderabad held that deduction u/s. 80IB(10) of the Income Tax Act is applicable to an undertaking developing and building housing projects. The same is not applicable to a partner in a joint venture/partnership firm.

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