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Judiciary

Revision order passed without adequate opportunity to file relevant material is unsustainable

June 19, 2023 507 Views 0 comment Print

ITAT Surat held that revisionary order passed by PCIT under section 263 of the Income Tax Act without providing adequate opportunity to the assessee to file relevant material evidences and documents before him is liable to be remanded back for fresh consideration of the matter.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 2886 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

Addition on account of lesser amount considered as claw back payment unsustained

June 19, 2023 273 Views 0 comment Print

ITAT Kolkata held that addition on account of lesser amount considered as claw back payment unsustained as in case, a higher amount is to be considered as claw back payment, then a higher amount is to be allowed as a deduction not character of income

Addition u/s 68 sustained as genuineness of the transaction not proved

June 19, 2023 468 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit sustained as identity and creditworthiness of the parties and genuineness of the transaction not proved.

In absence of ‘Proofs of Receipt’ it is concluded that notices were never served

June 19, 2023 972 Views 0 comment Print

NCLAT Delhi held that Notices were never served on the Petitioner/Respondent as there are no ‘Proofs of Receipt’, filed by the Appellant.

Inter state movement of demo vehicles between distinct persons attracts GST

June 19, 2023 1179 Views 0 comment Print

In Kia Motors India Pvt. Ltd. vs State of Madhya Pradesh, the Madhya Pradesh High Court dismissed the writ, affirming GST on inter-state transport of demo vehicles between distinct persons, emphasizing compliance with CGST Act and Rules.

Delhi HC Allows Operation of Accounts Provisionally Attached for Over a Year under GST Act

June 19, 2023 321 Views 0 comment Print

Explore the recent judgment by Delhi High Court where Balaji Enterprises regained control over bank accounts provisionally attached under the CGST Act for over a year. Court’s interpretation of Section 83 and its implications

Section 143(2) Notice: A Prerequisite for Income Tax Assessment in Limited scrutiny case

June 19, 2023 1296 Views 0 comment Print

Explore the Madras High Court judgment in Angusamy Gounder Subbu Rathinamun vs. Assistant Commissioner. Insights on Section 143(2) notice in income tax assessments.

No GST is applicable on salary deducted in lieu of notice period

June 19, 2023 1824 Views 0 comment Print

No GST is applicable on salary deducted in lieu of notice period from the full and final settlement of the employees leaving the company without completing or serving the complete notice period as specified in the appointment letter.

CESTAT Orders Re-Adjudication for Service Tax Refund Claim Denial

June 19, 2023 894 Views 0 comment Print

In absence of proof of availment of Cenvat Credit while rejecting a service tax refund claim, CESTAT Bangalore has directed re-adjudication of case of Fairy Food Products Pvt Ltd vs Commissioner of Central Excise.

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