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Judiciary

Addition u/s. 69A towards unexplained money based on unsigned unexecuted draft agreement unsustainable

September 13, 2023 4989 Views 0 comment Print

ITAT Delhi held that towards unexplained money u/s. 69A of the Income Tax Act merely on the basis of unsigned unexecuted draft agreement to sale without any other collaborative evidence is unsustainable in law.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 1917 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 477 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 945 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

GST Proceedings u/s 129(1)(b) is bad when owner of goods comes forward to pay penalty

September 13, 2023 1095 Views 0 comment Print

Allahabad High Court held that proceedings under section 129(1)(b) of the Uttar Pradesh Goods and Services Tax Act, 2017 is bad when the owner of the goods comes forward to pay the penalty.

Allegation of undervaluation of imported goods based on retracted statements unsustainable

September 13, 2023 621 Views 0 comment Print

CESTAT Mumbai held that demand alleging undervaluation of imported goods merely on the basis of retracted statements without corroborative evidences is unsustainable in law.

Recovery mechanism of Rule 3(5B) of Cenvat Credit Rules is Effective from 01.03.2013

September 13, 2023 846 Views 0 comment Print

Exploring the key details of the GKN Driveline (India) Ltd vs CCE case at CESTAT Chandigarh, and its impact on the reversal of Cenvat Credit under Rule 3(5B).

Duty Overpayment: No Discrepancy Found, Suo Moto Re-Credit Justified

September 13, 2023 387 Views 0 comment Print

Analyzing the CESTAT Ahmedabad ruling on Bayer Vapi Pvt Ltd. vs C.C.E. & S.T.-Daman case, focusing on Cenvat re-credit, suo moto reversal, and legal implications.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 780 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Foreign Assignment Allowances for Overseas Services Not Taxable in India

September 13, 2023 1107 Views 0 comment Print

Understanding the ITAT Hyderabad decision in Durga Prasad Sana Vs ITO. Why foreign assignment allowances received outside India aren’t taxed in India.

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