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Judiciary

Mere DMAT Account Transactions or Stock Exchange Share Sales not adequate evidence (Section 68)

June 21, 2023 207 Views 0 comment Print

Delhi ITAT asserts that mere transactions through a DMAT account or selling shares on stock exchange don’t necessarily rebut Section 68 of Income Tax Act. Understand the full implications of this ruling with our comprehensive analysis.

GST Section 129(3) penalty: HC order release of vehicle in interim order

June 21, 2023 3333 Views 0 comment Print

Calcutta High Court’s examination of Gurbux Singh Gupta Vs State of West Bengal scrutinizes GST Act enforcement, focusing on a vehicle’s seizure under Section 129. The case debates documentation validity and penalty imposition, emphasizing procedural adherence and legal interpretations within GST’s framework.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 1734 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

Late Filing of ROI Doesn’t Invalidate Deduction u/s 80P Claims

June 21, 2023 1047 Views 0 comment Print

ITAT Kolkata ruled in Kishorepur Paschimanchal SKUS Limited Vs ITO that delay in filing ROI does not deny a taxpayers deduction claims under Section 80P of IT Act 1961

Provisionally preserved Areca nut falls under Customs Heading 0812: CAAR

June 21, 2023 843 Views 0 comment Print

CAAR Mumbai clarifies that provisionally preserved betel nuts, treated with preservatives and not fit for immediate human consumption, are classified under Customs Heading 0812, following Chapter note 4’s guidance on provisional preservation.

HC allows Appeal Revival before CESTAT with Pre-Deposit Payment

June 21, 2023 1968 Views 0 comment Print

Allahabad High Court in Madhyamik Shiksha Parishad vs. CESTAT, allows revival of appeal before CESTAT subject to payment of Pre-Deposit 

Penalty not leviable if Department was not sure of the provision of law

June 21, 2023 2010 Views 0 comment Print

CESTAT Ahmedabad recently ruled in the case of Fiberweb India Ltd Vs C.C.E. & S.T. Daman, shedding light on the limitations of selective departmental audits and customs duty demands.

CESTAT rules against Extended Period of Limitation for Evaporation Loss Demand

June 21, 2023 393 Views 0 comment Print

CESTAT Ahmedabad ruled in the case of Sujag Fine Chemicals Pvt Ltd Vs C.E. & S.T. Vadodara, opposing the application of an extended period of limitation for a customs duty demand on declared evaporation loss

NCLT’s moratorium under IBC overrides Tribunal: ITAT Delhi

June 21, 2023 873 Views 0 comment Print

ITAT Delhi’s ruling in UM Green Lighting P. Ltd vs DCIT emphasizes the supremacy of NCLT’s moratorium under IBC over tribunal proceedings, halting the Revenue’s case during the moratorium period, and underscoring the IBC’s overriding effect.

Amalgamation disputes under Section 269SS: ITAT deletes Penalty u/s 271D

June 21, 2023 603 Views 0 comment Print

Landmark case of DCIT Vs Trans Asia Packaging Ltd, where ITAT Delhi provided clarity on transactions post amalgamation under Section 269SS of Income Tax Act

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