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Judiciary

Order Can’t Be Passed While Delay Condonation Application is Pending before CBDT

July 15, 2023 654 Views 0 comment Print

Explore the recent case ruling by ITAT Chennai where the verdict was overturned due to a pending delay condonation application, highlighting the importance of due process in tax disputes.

No abuse of Competition Act if dominance under Section 4 not established: CCI

July 15, 2023 411 Views 0 comment Print

Explore the Competition Commission of India’s judgment on Jitendra Bathla’s allegations against DLF Gayatri Developers. Analysis of Section 4 violation in Club Agreement and market assessment.

CESTAT Orders Reconsideration Amidst Rule 8(3A) Controversy

July 15, 2023 342 Views 0 comment Print

In a tax dispute with Baroda Rayon Corporation, the CESTAT Ahmedabad has ordered a fresh review due to the legal status of Rule 8(3A) of the Central Excise Rules, 2002. This case raises critical questions regarding the interpretation and application of taxation laws.

Section 147 Assessment Invalid if Based on Cash Deposit Information Alone

July 15, 2023 4308 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad deemed an assessment under Sec 147 of the Income Tax Act, based solely on cash deposit information, as invalid in the case of DineshkumarDalsangbhai Chaudhary Kankavati Society Vs ITO.

TDS Penalty Void if Assessee Added Back Non-Deducted Tax Expense

July 15, 2023 336 Views 0 comment Print

ITAT Delhi, in the ACIT Vs TV Today Network Ltd case, ruled that no penalty for failure to deduct TDS is applicable if the assessee added back the expense on which the tax was not deducted.

CENVAT of service tax paid on rail freight available based on certified copy of railway receipts

July 15, 2023 276 Views 0 comment Print

CESTAT Delhi held that the appellant can duly avail the credit of service tax paid on rail freight on the strength of the certified copy of railway receipts read with Monthly Consolidated Certificates and STTG certificate issued by the Western Central railway.

Receipt of foreign assignment allowance by way of Travel Currency Card abroad not taxable in India

July 15, 2023 714 Views 0 comment Print

Held that an amount of foreign assignment allowance received for the services rendered outside India by way of (Travel Currency Card) TCC abroad is not taxable in India.

Issuance of notice & all consequential proceedings in the name of deceased assessee are null & void

July 15, 2023 1317 Views 0 comment Print

Bombay High Court held that issuance of notice and all consequential proceedings in the name of a deceased assessee are null and void. Accordingly, order passed thereon is liable to be quashed and set aside.

Decision conveying denial of exemption under DFIA scheme is challengeable before Commissioner (A)

July 15, 2023 786 Views 0 comment Print

CESTAT Ahmedabad held that decision conveying denial of exemption under DFIA Scheme is challengeable by way of appeal before the Commissioner (Appeals). Denial of exemption is not merely a query but the decision of assessing officer and hence appeal can be preferred against the same.

ITAT Delhi Overrules CIT(A) order for Dismissal Without Merit Assessment

July 15, 2023 261 Views 0 comment Print

In the case of Agrawal Pathshala Vs ITO, ITAT Delhi nullified CIT(A)’s dismissal due to a lack of substantive review on the grounds. The ITAT noted that dismissal was primarily due to a delay in filing, not a case assessment.

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