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Judiciary

Section 69A not Applicable if Assessee Provides Plausible Explanation for Jewellery Source

June 16, 2023 2121 Views 0 comment Print

ITAT Pune’s verdict in the case of Jayashri Shrikant Deshmukh Vs ACIT, underlining the importance of plausible explanation in cases involving Section 69A of the IT Act.

GST: No Section 129(3) Penalty without Prescribed Section 129(4) Hearing

June 16, 2023 1824 Views 0 comment Print

No penalty under Section 129(3) of Central Goods and Services Tax (CGST) Act could be imposed without providing a hearing as prescribed under Section 129(4) of Act.

Patna HC dismisses Second Anticipatory Bail Application in Money Laundering Case: Chakresh Kumar Jain Vs UOI

June 16, 2023 693 Views 0 comment Print

Patna High Court rejects second anticipatory bail application filed by Chakresh Kumar Jain under section 4 PMLA, mirroring a similar rejection of an anticipatory bail plea by his father, Pawan Kumar Jain.

Business auxiliary service provided by commission agent is relation to black tea is exempt

June 15, 2023 1086 Views 0 comment Print

CESTAT Chennai held that black tea classifiable as agricultural product within the definition or meaning under notification no. 13/2003-S.T. dated 20.06.2003 as amended vide notification no. 08/2004-S.T. dated 09.07.2004. Hence, business auxiliary service provided by a commission agent in relation to sale or purchase of black tea is exempt from service tax.

GST: Writ cannot be entertained when alternate remedy is available

June 15, 2023 897 Views 0 comment Print

Madras High Court rejected the writ filed by the petitioner and instructed the assessee to pursue an appeal before the Appellate Authority. The High Court further directed the Appellate Authority to expedite the proceedings and resolve the case promptly.

Refund of service tax allowed to real estate buyers on cancellation of contract

June 15, 2023 1884 Views 0 comment Print

CESTAT, Mumbai granted a refund claim for service tax to a real estate developer on behalf of an unregistered customer. The customer had paid the service tax along with an advance payment but, due to certain circumstances, the real estate purchase contract was subsequently cancelled.

AO obliged to refer matter to valuation officer when appellant objects to adoption of stamp duty value as full value of consideration

June 15, 2023 618 Views 0 comment Print

ITAT Mumbai held that when appellant objects to the adoption of stamp duty value in terms of section 50C(1) of the Income Tax Act as full value of consideration, AO is under obligation to refer the matter to the valuation officer under section 50C(2) of the Income Tax Act.

Anonymous donations and explanation thereof needs re-verification for claiming exemption u/s 10(23C)(iiiad)

June 15, 2023 405 Views 0 comment Print

ITAT Kolkata remanded the matter back to AO for the purpose of verification of documents and materials placed on record in respect of anonymous donations as well as the explanation for receipt of hall rent and accommodation so as to allow the claim of exemption u/s. 10(23C)(iiiad) of the Act.

Employees’s share in relevant funds should be deposited before due date for claiming deduction u/s 36(1)(va)

June 15, 2023 519 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts.

Used Rails falls under CTH 7302 and not CTH 7204

June 15, 2023 1161 Views 0 comment Print

CESTAT Ahmedabad held that classification under 7204 for ‘used rails’ declared as Heavy Melting Scrap is improper and the product is correctly classifiable under Heading 7302.

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