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Judiciary

HC directs restoration of appeal on deposit of pre-deposit amount under Section 35F of Central Excise Tax, 1944

May 10, 2023 828 Views 0 comment Print

Active Ads Vs State of West Bengal & Ors. (Calcutta High Court) HC find that this matter does not warrant to be heard on affidavits. The appeal was dismissed only on the ground of failure of the petitioner to make the pre-deposit. Taking a lenient view as to the default as the same will non-suit […]

Reassessment triggered on a change of opinion as to calculation of tax payable is invalid

May 10, 2023 543 Views 0 comment Print

HC find no substance in AO’s reason to believe that income chargeable to tax has escaped assessment in as much as there is no mention of any tangible material that led to his conclusion. The entire process is triggered on a change of opinion as to the calculation of tax payable by the assessee.

ex-parte Addition for Cash Deposits: ITAT restores Matter to AO

May 10, 2023 531 Views 0 comment Print

Baldev Kumar Vs ITO (ITAT Delhi) On perusal of the assessment order, it appears that the assessee has deposited cash amount to Rs.19,49,553/- in the savings bank account in Financial Year 2011-12 relevant to Assessment Year 2012-13 in question. The Assessing Officer attempted to make inquiry on the source of such cash deposits but however […]

Cancellation of C-Forms with retrospective effect- HC remands matter back to AO

May 10, 2023 384 Views 0 comment Print

Thermoking Vs Commissioner of State Goods And Service Tax (Delhi High Court) In this case concessional rate of duty had been denied to the petitioner on the ground that the C-Forms, relied upon by the petitioner, had been cancelled by the concerned tax authorities in Haryana with retrospective effect. Mr. Rajesh Mahna submits that the […]

Interstate purchase of capital goods not affect Section 15(1) benefit under Karnataka VAT

May 10, 2023 399 Views 0 comment Print

Interstate purchase of capital goods by assessee shall not affect benefit under Section 15(1) of Karnataka Value Added Tax Act, 2003: HC

Classification of Chromecast with Google TV

May 10, 2023 888 Views 0 comment Print

On examining the functions of ‘Google Chromecast’ and ‘Chromecast with Google TV’ as stated in the aforesaid paras vis-a vis the material information available in the public domain

AO to provide reasons to disbelieve bank statements for reopening of assessment

May 10, 2023 918 Views 0 comment Print

Presumption that Petitioner beneficiary of accommodation entries based on statement of third party was disproved. Consequently, onus would be on AO to provide reasons to disbelieve bank statements and supporting documents for reopening the assessment.

Non receipt of Notices: HC quashes Order of Maharashtra Sales Tax Tribunal

May 10, 2023 867 Views 0 comment Print

whether the contention of Petitioner that Petitioner was unaware of these dates and therefore could not attend the appeal should be accepted.

Reopening of assessment based on mere change of opinion is unsustainable

May 10, 2023 822 Views 0 comment Print

ITAT Delhi held that proviso to Section 147 of the Income Tax Act gets applicable as reopening of assessment is initiated after four years of original assessment. Accordingly, re-opening of assessment based on mere change of opinion is unsustainable.

Ashwini Homeo Arnica Hair Oil classifiable as ‘medicament’ under Chapter 30

May 10, 2023 927 Views 0 comment Print

Supreme Court held that Aswini Homeo Arnica Hair Oil being manufactured and marked as Homeopathy medicine is classifiable under Chapter 30 of the First Schedule to the Central Excise Tariff Act and cannot be branded as a cosmetic.

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