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Judiciary

Bombay High Court Sets Time Limit for GST Tribunal Appeals

July 9, 2023 3030 Views 0 comment Print

Bombay High Court addressed the issue of the time limit for filing appeals to the tribunal. The court held that the appeal must be made within three months from the date of constitution of the Appellate Tribunal.

Addition based on rough notes with corroborative evidence sustained

July 8, 2023 1791 Views 0 comment Print

ITAT Mumbai held that addition towards unaccounted cash receipts on the basis of seized documents i.e. rough notes duly supported with corroborative evidence sustained.

Principal amount taken for trading purpose when waived off results in income

July 8, 2023 639 Views 0 comment Print

ITAT Hyderabad held that waiver of the principal amount, which was taken for trading purpose, which is credited to the profit & loss account results in income in the hands of assessee and accordingly taxable.

Denial of pre-operative expenses intricate to nature of business activity is unsustainable

July 8, 2023 333 Views 0 comment Print

ITAT Delhi held that denial of pre-operative expenses like brokerage and commission expenses, business promotion expenses, vehicle running expenses, etc. intricate to the nature of business activity is unsustainable.

Omission of claiming long term capital loss in original return not bona fide so claim via revised return allowable

July 8, 2023 1125 Views 0 comment Print

ITAT Pune held that omission of claiming long term capital loss at the time of filing of original return was not bona fide. Accordingly, rejection of claim of the same in revised return unsustainable in the eyes of law.

Remuneration as per Office Memorandum dated 30.11.2018 payable to Company Secretary attached with office of Official Liquidator

July 8, 2023 888 Views 0 comment Print

Gujarat High Court held that the Company Secretary attached with the office of the Official Liquidator shall be henceforth entitled to be paid remuneration in terms of the Office Memorandum dated 30.11.2018.

Suspension of Customs Broker Licence without affording adequate opportunity of being heard is unjustified

July 8, 2023 3024 Views 0 comment Print

Andhra Pradesh High Court held that order for continuing the suspension of Customs Broker Licence without affording adequate opportunity of being heard is against the principles of natural justice. Writ disposed off with direction to submit written explanation within specified time.

Demand of service tax unsustainable as Konkan & Indian Railways are not separate entities

July 8, 2023 762 Views 0 comment Print

CESTAT Mumbai held that appellant i.e. Konkan Railway Corporation Ltd. and Indian Railways are not separate entities and hence demand of service tax is unsustainable.

Declared transaction value cannot be rejected without cogent reasons prescribed in Customs Valuation Rules

July 8, 2023 1329 Views 0 comment Print

CESTAT Ahmedabad held that the transaction value declared by the importer should form the basis of assessment unless the same is rejected, for reasons set out in Rules of Customs Valuation Rules.

Directions issued by superior authorities are binding on Assessing Officer

July 8, 2023 1641 Views 0 comment Print

ITAT Delhi held that directions issued by a superior appellate authorities are binding on the Assessing Officers and Assessing Officer is required to strictly follow the directions of the appellate authorities and decide the issue as per the directions of the appellate authorities.

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