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Judiciary

Assessment framed in different status is liable to be cancelled

June 27, 2023 693 Views 0 comment Print

ITAT Delhi held that issuance of notice by AO in the status of ‘Local Authority’ and assessment framed in different status i.e. in the name of ‘Artificial Juridical Person’ is bad in law and hence liable to be cancelled.

Addition of Bogus Capital Gains from Penny Stock Transaction Upheld

June 27, 2023 4929 Views 0 comment Print

ITAT Ahmedabad confirmed addition on account of bogus long term capital gains from transaction in penny stock observing that mere filing documentary evidences did not discharge onus cast on the assessee to prove genuineness of the transaction.

ITAT quashes Reassessment based on vague Accommodation Entry Information  

June 27, 2023 738 Views 0 comment Print

A comprehensive review of the landmark decision by ITAT Delhi in the SFS Infinite Ltd Vs DCIT case, examining the quashing of reassessment based on insufficient and obscure information.

No Penalty for Inadvertently Reported House Property Annual value Value

June 27, 2023 747 Views 0 comment Print

Analyzing ITAT Chennai’s decision in the S. Saroja Vs DCIT case, focusing on the ruling that no penalty should be levied for inadvertent mistakes in reporting house property value by an accountant.

Statutory GST Appeal Allowed by HC despite elapse of time for filing

June 27, 2023 1305 Views 0 comment Print

The case of Cauvery Extrusions Private Limited Vs Assistant Commissioner (ST) in the Madras High Court highlights an important ruling on considering GST appeals with reference to statutory compliance without limitation.

Composite rental income for letting out school building with infrastructure and amenities taxable under house property

June 27, 2023 1155 Views 0 comment Print

ITAT Mumbai held that composite rental income received by letting out school building with infrastructure and amenities is taxable under the head ‘Income from House Property’ and not under ‘Income from income from other sources’ in view of section 56(2)(ii) of the Income Tax Act.

Granting bail on medical grounds u/s 45(1) of PMLA is discretionary

June 27, 2023 5052 Views 0 comment Print

Delhi High Court held that the power to grant bail on medical grounds under the first proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) is discretionary. Accordingly, court directed AIIMS to evaluate medical condition of the petitioner.

Cash refund for assessee under Central Excise Exemption Notification

June 27, 2023 195 Views 0 comment Print

Exploring the landmark CESTAT ruling in Manmade Spinners India Ltd Vs Commissioner of CGST case which clarifies that cash refund is permissible for an assessee operating under Central Excise Exemption Notification.

Interim bail granted on medical grounds as petitioner is suffering from life-threatening diseases

June 27, 2023 5799 Views 0 comment Print

Delhi High Court granted interim bail on petitioner satisfying the test of proviso to section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) as petitioner is suffering from life-threatening diseases warranting immediate medical attention.

Writ not entertained because of availability of alternate appeal remedy

June 27, 2023 324 Views 0 comment Print

Madras High Court didn’t entertained the writ petitioner as appeal remedy available before the appropriate authority. Accordingly, petitioner directed to preferred appeal under the provisions of TNGST Act, 2017.

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