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Judiciary

Revisionary proceedings u/s 263 exercised only based on facts verifiable from records is unjustified

October 18, 2023 252 Views 0 comment Print

ITAT Kolkata held that exercising revisionary proceedings u/s. 263 of the Income Tax Act purely on facts which are verifiable from records of the assessee is not justifiable and hence liable to be quashed.

No addition u/s 2(14)(iii) as land sold was agricultural land & didn’t qualify as ‘Capital Asset’

October 18, 2023 1659 Views 0 comment Print

Land sold by assessee was agricultural Land and did not qualify as capital asset in terms of Section 2(14)(iii) as it was subsequent to purchase of land, its use was changed to non-agriculture purpose, therefore, the capital gain earned on the piece of land as not being liable to tax.

ITAT Imposes ₹5,500 Cost on Assessee for Non-Appearance Before CIT(A)

October 18, 2023 294 Views 0 comment Print

Read about the ITAT Mumbai’s decision in the case of Sanghamitra Prakash Patel vs. ITO where a penalty was imposed on the assessee for failure to appear before the CIT(A).

Confiscation of 1942 Vintage Plate Leveler Lacks Legal Basis under Customs Act, 1962

October 18, 2023 357 Views 0 comment Print

Read about the CESTAT Mumbai’s decision in the case of Jindal Saw Limited vs. Commissioner of Customs, where confiscation of ‘Plate Leveler’ parts was quashed.

Verify Data from Balance Sheet as SVB Findings Not Binding: CESTAT

October 18, 2023 366 Views 0 comment Print

Read about CESTAT Mumbai’s decision in the case of GlaxoSmithKline Asia Pvt Ltd versus Commissioner of Customs, where findings of SVB were not considered binding.

Madras HC Quashes Cheque Dishonour Case as Illegal Claim Can’t Be Construed as Legal

October 18, 2023 657 Views 0 comment Print

Madras High Court quashes a cheque dishonour case, ruling an illegal claim cannot be construed as legal. Detailed analysis of Davidraj Vs V. Pavel’s case

CENVAT Credit of Service Tax Paid Under Reverse Charge Mechanism is allowed

October 18, 2023 408 Views 0 comment Print

Read about CESTAT Delhi’s decision in the case of Incredible Indian Moments Pvt Ltd versus Commissioner (Appeals) and Additional Director General, where Service Tax demand on tour operators was quashed.

Confiscation of immovable property without prior notice is invalid: CESTAT Mumbai

October 18, 2023 315 Views 0 comment Print

CESTAT Mumbai criticizes Customs Department for confiscating immovable property without notice, compromising the integrity of the adjudication process. Details of the case explained.

No Service Tax on Computer Linkage Charge received by stock broking company

October 18, 2023 333 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Edelweiss Financial Advisors Ltd., stating no service tax on computer-to-computer linkage charges for stock broking companies. Details of the case here.

No Service Tax on Material Supplied Free during Construction: CESTAT

October 18, 2023 156 Views 0 comment Print

CESTAT Ahmedabad rules that service tax isn’t applicable to materials supplied free of cost by the service recipient during construction. Read the full case analysis.

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