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Judiciary

Charitable activity genuineness unproved: Section 12AB Registration rejected

June 21, 2023 1080 Views 0 comment Print

Discover the intricacies of the ITAT Pune’s recent decision in Vashi Parivaar Foundation Vs Commissioner of Income Tax(Exemptions), highlighting the importance of proving the genuineness of charitable activities for gaining tax exemption.

Addition based on baseless allegation which cannot be proved is unsustainable

June 21, 2023 1098 Views 0 comment Print

ITAT Delhi held that the revenue itself is not very sure of the receipt of the cash nor there was any evidence. Accordingly, addition based on baseless allegation which cannot be proved is unsustainable.

Deduction u/s 36(1)(va) denied on failure to deposit employee’s contribution before relevant due date

June 21, 2023 804 Views 0 comment Print

ITAT Pune held that the deduction u/s 36(1)(va) in respect of employee’s contribution not entitled on failure to deposit employee’s contribution before due date prescribed under the relevant statutes.

Capital gain doesn’t form part of turnover for the purpose of section 44AB

June 21, 2023 3072 Views 0 comment Print

ITAT Surat held that assessee is not required to get his books of accounts audited under section 44AB of the Income Tax Act as capital gain, short term or long term, doesn’t form part of turnover. Accordingly, penalty under section 271B not leviable.

Time limit extendable in case of non-cooperation during conduct of special audit

June 21, 2023 810 Views 0 comment Print

ITAT Amritsar held that in case of non-cooperation during conduct of special audit under section 142(2A) of the Income Tax Act, the time limit to do the same can be extended at the end of the department.

Calcutta High Court Quashes Section 148A(d) Order for Violation of Natural Justice Principles

June 21, 2023 1590 Views 0 comment Print

Read the full text of the judgment/order of the Calcutta High Court in the case of Winsome Highrise Pvt. Ltd. & Anr. vs. Union of India & Ors. The court quashes the impugned order under Section 148A(d) of the Income Tax Act, 1961, for violating principles of natural justice by denying the petitioner an opportunity for a personal hearing.

Trust registration rejection: ITAT orders Reconsideration & fair hearing

June 21, 2023 2031 Views 0 comment Print

Delve into the case of Society of Educational Assistance and Training Vs CIT (Exemptions), where ITAT Amritsar mandates reconsideration of a charitable trust registration rejection due to a lack of fair hearing opportunity.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 249 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 396 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 732 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

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