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Judiciary

Calcutta HC Dismisses Unjust Non-Speaking Assessment Order

August 18, 2023 1146 Views 0 comment Print

Durga Trading Company & Anr. Vs Deputy Director of Income Tax & Ors. (Calcutta High Court) Introduction: In the case of Durga Trading Company & Anr. v. Deputy Director of Income Tax & Ors., the Calcutta High Court examined the validity of an income tax assessment order, focusing on the violation of natural justice. This […]

GST: Deposits made during search cannot Be Kept if Proceedings Not Initiated: HC

August 18, 2023 1137 Views 0 comment Print

Read about the Punjab and Haryana High Court’s verdict in the case of M/s Parsvnath Traders v. Principal Commissioner, CGST, which ruled that deposited GST amounts collected during search proceedings should be refunded along with interest.

HC Quashes Section 263 Order and Imposes Rs 10,000 Cost on PCIT

August 18, 2023 10473 Views 0 comment Print

Allahabad High Court quashes Section 263 order and imposes cost of Rs 10,000 on PCIT for lack of proper opportunity. Analysis of the judgment in M.L. Chains Vs PCIT case.

Incriminating document found during search of third party needs to be provided to assessee

August 18, 2023 1503 Views 0 comment Print

ITAT Mumbai remanded the matter back to the file of Assessing Officer as incriminating document found against the Assessee during search operation of third party is not provided to the Assessee.

Tour operator Services for carrying out Hajj Pilgrimage is exempt from service tax

August 18, 2023 1770 Views 0 comment Print

CESTAT Delhi held that service tax is not chargeable on the services provided in respect of tour undertaken for carrying out Hajj pilgrimage in Saudi Arabia by Indian pilgrims considering these as export of service.

Addition without incriminating material not sustainable for assessment unabated on search date

August 18, 2023 1143 Views 0 comment Print

ITAT Chennai held that in absence of incriminating material as a result of search, no addition can be made in the assessment framed u/s.143(3) r.w.s.153A of the Act, if such assessments are unabated on the date of search.

Order passed in the name of non-existing entity doesn’t survive

August 17, 2023 1632 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in the name of non-existing entity will not survive. Accordingly, the assessment order is liable to be quashed and set aside.

Addition of trading loss on sale of tools and dies unsustainable

August 17, 2023 465 Views 0 comment Print

ITAT Delhi held that addition on account of trading loss on sale of tools and dies unsustainable as the loss was incurred for sustainable and longer partnership and the same has given rise to generation of profits in subsequent years.

ITAT found Disallowance of expenditure by lower authority excessive & unreasonably high

August 17, 2023 618 Views 0 comment Print

ITAT Lucknow held that amount of disallowance of expenditure, on presumption of leakage in the form of expenditure of personal nature, reduced as found that total amount of disallowance by lower authority was excessive and unreasonably high.

Addition of unexplained cash credit u/s 68 not sustained as nature and source explained

August 17, 2023 954 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unsustainable as nature and source of credit duly explained by the assessee.

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