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Judiciary

CCI directs DGAP to verify ITC passing in project ‘The Jewels of Noida Phase-II’

August 18, 2023 417 Views 0 comment Print

Sumit Mansingka Vs E-Homes Infrastructure Pvt. Ltd (Competition Commission of India) Introduction: The recent order issued by the Competition Commission of India (CCI) in the case of Sumit Mansingka vs E-Homes Infrastructure Pvt. Ltd highlights the Commission’s proactive approach towards ensuring compliance and fair practices in the construction and real estate sector. The CCI has […]

HC Quashes Section 148A(d) order as Section 148 notice was Time barred

August 18, 2023 7113 Views 0 comment Print

Delhi High Court’s ruling on Vinayak Services PVT LTD vs ITO case: Section 148A(d) order quashed due to time-barred Section 148 notice. Learn more about the judgment.

Addition of unexplained cash credit unsustainable as genuineness and creditworthiness proved

August 18, 2023 663 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards unexplained cash credit unsustainable as genuineness of transaction and creditworthiness of lender duly proved.

Seized jewellery within limit prescribed by Circular No. 1916 cannot be treated as undisclosed

August 18, 2023 2220 Views 0 comment Print

ITAT Surat held that seized jewellery within the permissible limit prescribed by CBDT Circular No 1916 dated 11.05.1994 couldn’t be treated as undisclosed jewellery. Accordingly, addition u/s 69A of the Income Tax Act liable to be deleted.

Reasons for reopening recorded by authority not having territorial jurisdiction is bad-in-law

August 18, 2023 672 Views 0 comment Print

ITAT Kolkata held that reasons for reopening of the assessment recorded by an Authority who was not having territorial jurisdiction over the assessee is unsustainable in law and accordingly the entire reassessment proceeding is liable to be quashed.

Section 69A doesn’t apply to cash deposited and declared as income

August 18, 2023 5760 Views 0 comment Print

ITAT Mumbai held that provision of Sec. 69A of the Income Tax Act cannot be applied in respect of cash deposited which have been duly recorded in the books of account and had already been declared income in the return of income filed by the assessee.

Additional concession not includible by Income Tax Department without extension/ modification of BIFR scheme

August 18, 2023 393 Views 0 comment Print

Delhi High Court held that no additional concession could be included in BIFR [Board for Industrial and Financial Reconstruction] by the Income Tax Department without any extension or modification of the Scheme.

Rule 20 of CESTAT Rules permits Tribunal to dismiss appeal on non-appearance of assessee

August 18, 2023 1023 Views 0 comment Print

CESTAT Allahabad held that in terms of rule 20 of CESTAT (Procedure) Rules, 1982 in case appellant doesn’t appeal when the appeal is called on for hearing, the Tribunal may, dismiss the appeal for default.

Saving clause u/s 174(2)(e) of CGST Act permits initiation of proceedings under service tax post 01.07.2017

August 18, 2023 5568 Views 0 comment Print

Uttarakhand High Court held that saving clause under section 174(2)(e) of the Central Goods and Services Tax Act permits the initiation of proceedings under service tax post 01.07.2017 i.e. post repeal of the Service Tax regime

Electricity not being goods as per KVAT is not taxable

August 18, 2023 561 Views 0 comment Print

Kerala High Court held that ‘electricity’ is not goods as per definition of goods u/s 2(xx) of the Kerala Value Added Tax Act, 2003 (KVAT) accordingly not exingible to tax under KVAT.

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