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Judiciary

Refund of CENVAT credit pertaining to the period prior to registration cannot be denied

June 2, 2023 1896 Views 0 comment Print

Denial of CENVAT credit for non-registration of premises is not justified as per Section 11B of the Central Excise Act, 1944. Further held that, when conditions like payment of tax and receipt of service are satisfied, in such case credit cannot be denied on the basis that the credit was availed few days before the payment of tax.

Bona fide belief of non-deduction of TDS vis-à-vis default u/s 201(1) and 201(1A) needs re-adjudication

June 2, 2023 1050 Views 0 comment Print

ITAT Mumbai remanded the matter for adjudication of bona fide belief of TDS exemption in case of LTC relating to foreign travel vis-à-vis default u/s 201(1) and 201(1A) of the Income Tax Act.

Payment of mandatory pre-deposit directed against detention order

June 2, 2023 1119 Views 0 comment Print

Madras High Court directed the petitioner to deposit maximum penalty of 200% of the tax involved in detention matter as once the mandatory pre-deposit is complied, the order has no force and all the further recovery proceedings will be subject to final outcome of the appeal.

Extended period invocable only if there is suppression of facts with intent to evade tax

June 2, 2023 4221 Views 0 comment Print

CESTAT Delhi held that the extended period of limitation could have been invoked only if there was suppression of facts with intent to evade payment of service tax.

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1104 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

Penalty under 271D deleted in absence of satisfaction in Assessment Order

June 2, 2023 4374 Views 0 comment Print

Sri Raja Reddy Nalla Vs Add. CIT (ITAT Hyderabad) Assessee had received cash in connection with sale of immovable property . As the amount was more than the specified limit of Rs. 20,000/- , penalty proceedings u/s. 271D were initiated for violating Sec 269SS and penalty order u/s. 271D was passed levying a penalty of […]

Right to operate toll roads & collect toll charges is an intangible asset

June 1, 2023 2736 Views 0 comment Print

ITAT ruled that the right to operate toll roads and collect toll charges should be classified as an ‘intangible asset’ and can also be regarded as a business or commercial right.

Denial of deduction u/s 80P sustained as return filed belatedly

June 1, 2023 2703 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 80P of the Income Tax Act disallowed as assessee filed return belatedly.

Reopening u/s 147 without recording specific reasons is invalid

June 1, 2023 1626 Views 0 comment Print

ITAT Mumbai held that reopening of assessment u/s 147 without recording any specific reasons and without linking the information received from DDIT(Inv) specifically to assessee is invalid and liable to be set aside.

Penalty u/s 271D not leviable as reasonable cause for violation of section 269SS duly demonstrated

June 1, 2023 2412 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the income Tax Act not leviable as reasonable cause for violation of provisions of section 269SS duly demonstrated.

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