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Judiciary

Remedy of appeal available only to member of ICAI & not to complainant/informant: HC

July 24, 2023 1836 Views 0 comment Print

Gujarat High Court held that misconduct charges against the auditor not sustained stating the Statute provides remedy of appeal is only available to a member of ICAI against the decision of the Board Discipline or Disciplinary Committee imposing any penalty. The same is not available to the complainant or informant.

Addition of security deposit sustained as not refunded to Developer even after seven years

July 24, 2023 1284 Views 0 comment Print

ITAT Delhi held that addition of interest free security deposit sustained as the same is not refunded to the Developer even after lapse of more than seven years by merely stating that the Developer had not provided completion certificate.

Issuance of notice after expiry of period prescribed u/s 28(9) of Customs Act doesn’t survive

July 24, 2023 3414 Views 0 comment Print

Delhi High Court held that show cause notice issued after the expiry of the prescribed period under section 28(9) of the Customs Act, 1962 would not survive in law.

CESTAT Quashes SCN on wrongful Concessional Rate Duty availment Due to Limitation

July 24, 2023 489 Views 0 comment Print

CESTAT Chennai allowed the assessee’s appeal, stating that the demand of duty with interest was time-barred and could not be sustained. The Tribunal held that the SCN issued after the appeal stage lacked validity and that the demand of duty and interest was not justified. The department’s appeal was dismissed.

Section 148A(d) Order passed Without Personal Hearing: Delhi HC Sets Aside

July 24, 2023 1233 Views 0 comment Print

The Delhi High Court recently dealt with two writ petitions (W.P.(C) 6061/2023 and W.P.(C) 6062/2023) concerning Assessment Year (AY) 2016-17. The issue raised in these petitions was similar to the one in another case titled “Harvinder Singh (HUF) v. Principal Commissioner of Income Tax & Anr.

Addition without verification is unjustified – ITAT directs re-adjudication

July 23, 2023 933 Views 0 comment Print

The appeal in the case of Simple Singh vs. ITO was directed against the order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2011-12

Mere Reproduction of Conclusions from Investigation Report Not Valid Basis for reopening

July 23, 2023 1050 Views 0 comment Print

Agasthya Auto Products LLP filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2011-12. The appeal raised multiple grounds, challenging the validity of the reassessment proceedings initiated by the Assessing Officer (AO) under Section 147 of the Income Tax Act, 1961.

PSI certificate Non-compliance: CESTAT Reduces Fine & Penalty on Goods with 100% Examination

July 23, 2023 513 Views 0 comment Print

CESTAT Chennai acknowledged the procedural violation by the appellant but recognized that the goods underwent 100% examination, revealing no banned substances. Considering this and the appellant’s cost and delay in the clearance process, the CESTAT Chennai found the imposed redemption fine and penalties excessive. Therefore, the CESTAT Chennai reduced the redemption fine to INR 1,00,000 and the penalty to INR 50,000.

HC explains specified authority under Section 151(ii) of Income Tax Act

July 23, 2023 4134 Views 0 comment Print

Gemini Overseas Limited filed a writ petition challenging the order passed under Section 148A(d) of the Income Tax Act, 1961, for the assessment year 2019-20. The petitioner contended that the order was passed without approval from the “Specified Authority” as required under Section 151(ii) of the Income Tax Act, 1961.

WBGST Act: HC Dismisses Premature Appeal Against Preliminary Report

July 23, 2023 369 Views 0 comment Print

A noteworthy ruling from the Calcutta High Court upholds a preliminary report issued by the Deputy Commissioner of Revenue in the case of non-filing of an objection by Jac Olivol Products Private Limited, shedding light on critical nuances of the WBGST Act.

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