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Judiciary

Principle of fraud applies on failure to establish why shops were sold at loss to partners

April 24, 2023 837 Views 0 comment Print

ITAT Pune held that as the assessee failed to establish why the shops were sold at loss to the partners and interest persons, principle of fraud squarely gets applicable. Accordingly, disallowance of loss duly justified.

Authority directed to complete proceedings so provisional attachment will have its own fate in wrongful ITC matter

April 24, 2023 696 Views 0 comment Print

Gujarat High Court held that in the case of wrongful availment of input tax credit matter under GST the proceeding for adjudication is commenced as show case notice is issued. Hence, court directed authorities to complete the adjudication proceedings in time-bound manner and completion of the proceedings, provisional attachment will have its own fate.

CESTAT explains Test to determine unjust-enrichment

April 23, 2023 981 Views 0 comment Print

CESTAT Ahmedabad orders a fresh look into Vapi Care Pharma’s refund claim, probing the unjust enrichment aspect and duty pass-through.

Rs. 20000 Limit under section 269SS & 269T is person wise

April 23, 2023 4443 Views 0 comment Print

ITAT Jaipur rules in favor of Shri Deepak Mata, deleting penalties under Sections 271E and 271D for loan transactions below Rs.20,000 threshold.

ITAT restores matter to CIT(E) as his order was non-speaking order

April 23, 2023 1005 Views 0 comment Print

CIT(E)’s order is also a non-speaking one to this extent we deem it appropriate to restore the assessee’s substantive grievance back to the very authority for appropriate adjudication as per law

Extended period of limitation cannot be invoked if facts were known to Revenue

April 23, 2023 978 Views 0 comment Print

CESTAT Ahmedabad decides in favor of Eimco Elecon India Ltd, setting aside demand for reversal of cenvat credit and penalty, citing past tribunal order.

No service tax on handling of agriculture produce within or outside port by Cargo handling agency

April 23, 2023 633 Views 0 comment Print

CESTAT Ahmedabad clarifies classification of cargo handling services within port premises, affirming eligibility for tax exemption under Notification 10/2002.

No service tax on GTA Service in Absence of Consignment Notes

April 23, 2023 1812 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savla Chemicals, dismissing the service tax demand under goods transport agent service due to lack of consignment notes.

No Denial of FTC for non-filing of Form No. 67

April 23, 2023 1203 Views 0 comment Print

Filing of Form No. 67 under Rules 128 of Income Tax Rules is a procedural requirement, therefore, is a directory in nature, non-compliance thereof does not disentitled assessee in claiming Foreign Tax Credit (FTC)

Depreciation allowed in initial years, cannot be disturbed in subsequent years

April 23, 2023 678 Views 0 comment Print

If in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years

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