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Judiciary

Gold cannot be said to be smuggled merely on the basis of its purity

August 16, 2023 1443 Views 0 comment Print

CESTAT Delhi held that the gold in question is not proved to be the smuggled gold of foreign origin. Mere purity thereof being equivalent to the purity of foreign gold is wrongly held to be the criteria to hold the melted gold as the gold of foreign origin. Hence, investigation is observed to be faulty.

Violation of CBLR established but revocation of Customs Broker Licence set aside as it being too harsh punishment

August 16, 2023 711 Views 0 comment Print

CESTAT Chennai held that violation of the Customs Brokers Licensing Regulations (CBLR), 2013 though stands established, the revocation of Customs Broker Licence is set aside as business and the livelihood of not only the appellant, but also its employees is adversely affected because of the suspension and revocation of the licence.

HC Dismisses Writ for Petitioner’s Delay in Approaching the Writ Court

August 16, 2023 1095 Views 1 comment Print

Analysis of Jay Shree Tea And Industries Limited Vs ACIT in Calcutta High Court. Judgement on delay in approaching writ court, AY 2013-14. Full text.

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 3819 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

Charitable Trusts’ Activities Shouldn’t Be Restricted to Specific Caste: ITAT directs Readjudication

August 15, 2023 5223 Views 2 comments Print

Learn about Mar Baselius Orthodox Syrian Church vs CIT(Exemption) case where ITAT Surat discusses charitable activities of trusts and application of section 13(1)(b).

Registration in Partner’s Name Doesn’t Preclude Partnership Firm from Claiming Vehicle Depreciation

August 15, 2023 6780 Views 0 comment Print

Read about the Vinod Textiles vs ACIT case where ITAT Ahmedabad discusses the claim of depreciation on a motor vehicle registered in a partner’s name.

HC Dismisses Writ Challenging Section 148A(d) Order, Citing Alternative Remedy

August 15, 2023 3846 Views 0 comment Print

Calcutta High Court ruling on invoking writ jurisdiction under Section 148A(d) of the Income Tax Act in Tezas Trading Co. case. Read the judgment here.

Revisionary Powers under Section 263: Error Must Be Factual or Legal

August 15, 2023 1803 Views 0 comment Print

Read the analysis of the Tata Aig vs CIT case where ITAT Mumbai discusses revisionary powers under Section 263 and assessment errors.

NCLAT Directs RP to Admit Allottees’ Claims Over Unrecorded Payments to Ex-Directors

August 15, 2023 909 Views 0 comment Print

NCLAT Delhi directs RP to admit claims of allottees regarding payments made to ex-directors of the Corporate Debtor. Read details of the judgment.

Assessee cannot be harassed for change in system of Income Tax department

August 15, 2023 16548 Views 0 comment Print

Calcutta High Court ruling on the issue of assessee harassment due to change to a faceless system in Income Tax appeal. Read Park Leather Company’s case.

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