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Judiciary

Revisional jurisdiction u/s 263 not invocable merely because PCIT may entertain different view

May 10, 2023 318 Views 0 comment Print

ITAT Mumbai held that AO took the plausible view of granting the benefit of mutuality after due application of mind. Accordingly, revisional jurisdiction u/s 263 cannot be invoked merely because PCIT may entertain a different view in the matter.

section 68 addition if Assessee duly explained source & disclosed identity of payers

May 10, 2023 897 Views 0 comment Print

Mujtaba Hussain Ahmed Vs ACIT (ITAT Hyderabad) Undoubtedly, the assessee had sold his ancestral agricultural land admeasuring 1 acre and 25 guntas by way of a registered sale deed dt.23.03.2019. Incidentally, on the date of sale of land, SST Team intercepted the assessee and found cash with him and when the assessee was asked to […]

Department cannot insist that importer should avail benefit of a particular notification when they are eligible for different notifications

May 10, 2023 576 Views 0 comment Print

Commissioner of Customs Vs Dimension Data India Limited (CESTAT Chennai) It is brought out that an amount of Rs.7,23,072/- was rejected by the original authority on the ground that Bill of Entry in regard to RSP based assessed goods has to be reassessed and refund claim has to be filed for the CVD paid by […]

AO cannot reopen the assessment based on very same material & take another view

May 10, 2023 3741 Views 0 comment Print

It is held that while considering the material on record, one view is conclusively taken by AO, it would not be open for the AO to reopen the assessment based on the very same material and take another view.

ITAT directs CIT(A) to examine if mandatory notice u/s 143(2) was issued by AO before issue of reassessment order

May 10, 2023 3003 Views 0 comment Print

Rameshkumar Tagraji Jain Vs ITO (ITAT Mumbai) It is noted that the assessee during the first appellate proceeding before Ld. CIT(A) had filed the written submission mainly assailing the validity of the action of the AO to have framed the reassessment order without issuance of mandatory notice u/s 143(2) of the Act and cited the […]

Manufacturer shall not avail CENVAT Credit if refund claim is filed under Notification No. 41/2007-ST 

May 10, 2023 567 Views 0 comment Print

CPC (P) Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue involved in all these appeals being the same, were heard together and disposed by this common order. 2. Brief facts are that the appellants hold Central Excise registration as well as Service Tax registration. During the scrutiny of CENVAT documents, it […]

No Deemed Rent Addition for Unsold Flats declared as Stock In Trade

May 10, 2023 1242 Views 0 comment Print

ITAT held that no addition is maintainable on deemed rent on unsold flats which are shown as stock-in-trade. Dugad Properties Vs DCIT (ITAT Pune)

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 402 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

Reversal of Cenvat credit at appellate stage before CESTAT complies notification no. 5/2006-CE 

May 10, 2023 297 Views 0 comment Print

Acme Ceramics Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that reversal of credit and payment of interest thereon, can be adjusted from the payment of Rs. 2 lacs already made by the appellant. We find that the Tribunal/Court in the judgments cited by the appellant held that even if the assessee agreeing to reverse […]

HC quashed reassessment order as approval was not from specified authority

May 10, 2023 1512 Views 0 comment Print

PCIT from whom approval has been taken is not specified authority for approval under Section 148 and Section 148A of Income Tax Act, 1961.

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