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Judiciary

Jute Cess payable only when goods are removed from factory

May 13, 2023 306 Views 0 comment Print

Jute Cess will be payable only when the goods are removed from the factory and hence the demands made in all three Orders are not sustainable.

Section 263 can be invoked if no specific inquiry by AO against CBS expenses

May 13, 2023 396 Views 0 comment Print

State Bank of India Vs PCIT-2 (ITAT Mumbai) ITAT note that the AO during the assessment proceedings had requested the assessee to furnish explanation in respect of such items of expenses and receipt appearing in the trading accounts and profit and loss accounts (either by way of excess or reduction) in comparison to last year. […]

Assessment Order passed without due opportunity to Legal Heirs- HC remands matter back to AO

May 13, 2023 717 Views 0 comment Print

No ample opportunity was given to the legal heirs of the deceased assessee. Therefore, this Court is of the view that the order impugned in the writ petition is liable to be set aside and the matter should be remitted back to the original authority for affording due opportunity to the legal heirs of the original assessee to put forth their case.

Post-GST CENVAT Refunds must be Processed U/s. 142(3) of CGST Act, 2017: HC

May 13, 2023 609 Views 0 comment Print

Commissioner, Central Excise, Customs and Service Tax Vs Jindal Steel and Power Ltd (Orissa High Court) It appears that the opposite party exported final products on payment of Central Excise duty of Rs. 69,98,64,638/- during the period 01.01.2017 to 03.2017, and claimed rebate, vide application dated 14.08.2017, under Rule 18 of the Central Excise Rules, […]

Exit from EOU scheme cannot be denied for procedural formality: HC

May 13, 2023 927 Views 0 comment Print

Petitioner admittedly made an application seeking for exit from EOU/STPI scheme and it was its specific case that it had not imported any capital goods or procured any capital goods in respect of project.

Section 148 notice- AO not considered objections & treated it under section 148A(b) – HC remands matter back to AO

May 13, 2023 3309 Views 0 comment Print

Sahil Infra Creative Pvt Ltd Vs ITO (Gujarat High Court) The position which unfolds in this case is that the petitioner assesse had filed its objections to the notice for reassessment under section 148 unamended issued to him, however, the Assessing Officer never attended to the objections dated 12.10.2022 and left it undecided. Thereafter, the […]

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1899 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

Higher interest rate on unsecured loan taken for commercial expediency is admissible

May 13, 2023 1119 Views 0 comment Print

ITAT Ahmedabad held that unsecured loan taken at higher rate for commercial expediency is admissible under section 57(iii) of the Income Tax Act.

Revisional jurisdiction u/s 263 duly invoked as AO failed to examine issue of purchase of land

May 13, 2023 411 Views 0 comment Print

ITAT Ahmedabad held that revisional power under section 263 of the Income Tax Act correctly invoked as AO failed to examine the issue of purchase of land in the light of provisions of section 56(2)(vii)(b) of the Income Tax Act.

Assessment order passed u/s 143(3) beyond time limit prescribed u/s 153 is time barred

May 13, 2023 3573 Views 0 comment Print

ITAT Mumbai held that assessment order passed u/s 143(3) beyond time limit prescribed under section 153 of the Income Tax Act is time barred and bad in law.

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