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Judiciary

Reassessment Proceedings Invalid Without New Tangible Material

July 20, 2023 699 Views 0 comment Print

Explore the ITAT Chennai ruling in the V.K. Sasikala vs DCIT case, where the importance of tangible new material in reassessment proceedings has been underscored. Learn how the tribunal’s decision impacts the treatment of reassessment cases in Indian Tax Law.

Refund claim u/s 11B filed beyond one year from relevant date is not maintainable

July 20, 2023 1068 Views 0 comment Print

CESTAT Mumbai held that refund claim under section 11B filed beyond the period of one year from the relevant date is not maintainable. Here, relevant date was date on which appellant has voluntarily paid the short payment of service tax.

Interest free loan to non-related company without registered MOU creates reasonable doubt

July 20, 2023 588 Views 0 comment Print

ITAT Delhi held that huge amount as interest free advances given to company which is neither relative/ partner nor connected with Assessee based on MOU which is neither on stamp paper nor stamped or registered creates a reasonable doubt. Matter remanded for further inquiry.

Section 68 Addition for unsecured loan Upheld as assessee failed to discharge primary onus

July 20, 2023 2946 Views 0 comment Print

ITAT Delhi held that addition towards unsecured loan under section 68 of the Income Tax Act sustained as assessee failed to discharge the primary onus and burden of proof of providing genuineness, creditworthiness and identity of creditors to the satisfaction of the A.O.

Unjustified Addition of Section 68: Lack of Incriminating Material During Search

July 20, 2023 372 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 of the Income Tax Act towards share application money unsustainable since they are not based on any incriminating material found during the course of search.

Supreme Court: IBC Prioritizes Secured Creditors Over Electricity Dues

July 20, 2023 1848 Views 0 comment Print

In a recent Supreme Court ruling, IBC has been found to give higher priority to dues owed to secured creditors than to electricity dues. This analysis examines the court’s interpretation of IBC and its implications for creditors and power sector.

Cash deposit against Sum received from mother-in-law – ITAT directs re-adjudication

July 20, 2023 513 Views 0 comment Print

Key takeaways from the Pawanveer Singh vs ITO case: ITAT Delhi calls for fresh adjudication concerning the income tax on a settlement sum received from a mother-in-law.

Unfair Suspension of Customs Broker License: Director’s Judicial Custody Prevented Representation

July 20, 2023 543 Views 0 comment Print

Andhra Pradesh High Court held that suspension of Customs Broker Licence is against the principles of natural justice as Managing Director being in the judicial custody couldn’t have any opportunity to submit his explanation.

Actual use of inputs and quantities not required for claiming DFIA benefit

July 20, 2023 456 Views 0 comment Print

CESTAT Ahmedabad held that there is no requirement of the actual use of inputs and quantities of imported goods for claiming DFIA i.e. Duty-Free Import Authorization benefit.

Penalty Invalid Due to Defective Notice Issued u/s 271(1)(c) of Income Tax Act

July 20, 2023 498 Views 0 comment Print

The ITAT Delhi nullifies the penalty imposed under Section 271(1)(c) of the Income Tax Act on Meena Singhal, as the notice issued did not specify the particular charge.

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