Taxation – Classification of Goods – Fruit Drink vs Residuary Entry – “Sharbat Rooh Afza” containing 10% fruit juice and herbal distillates – Assessee classified under Entry 103 Schedule II Part A (4%) – Revenue classified under Schedule V residuary entry (12.5%) – Held: Product classifiable as “fruit drink / processed fruit product” unde...
Customs – Duty Drawback – SEZ Unit – Reversal of ITC – Consequential Order – Earlier Order-in-Appeal dated 30.09.2023 allowed drawback @15.61% subject to reversal/adjustment of ITC – Department accepted said order and did not prefer further appeal – Assistant Commissioner passed Order-in-Original dated 24.01.2024 granting drawback after adjusting ITC and i...
Income Tax – Survey under Section 133A – Voluntary Disclosure – Additional Income of Rs.1,14,20,100/- offered by letter dated 29.09.2016 pursuant to survey dated 27.09.2016 – Income declared in return filed on 20.11.2017 and tax paid – No retraction of disclosure nor revision under Section 139(5) – For first time before Tribunal, assessee contended income was no...
Income Tax – Reassessment – Section 147/148 – Double Reopening on Same Transaction – Cash deposits of Rs.4,42,47,290/- in Canara Bank for AY 2019-20 earlier examined by ITO under Section 147 – Assessment Order dated 30.03.2023 passed determining income at NIL after verification of returns filed under different PAN – DCIT subsequently issued fresh notice under Se...
Criminal Law – Cheating – Business Transaction – Memorandum of Understanding – Petitioner induced de facto complainant to invest Rs.1,09,95,000/- for supply of computers to educational institutions promising 12% interest and 50% profit share – Amount transferred through bank – Petitioner failed to show actual purchase or supply of computers – Payment of ad...
Income Tax – Faceless Assessment – Violation of Principles of Natural Justice – Assessment Order Set Aside – Petitioner challenged assessment order dated 04.12.2025 passed under Section 144 r/w Section 144B of the Income Tax Act pursuant to remand by appellate authority – Portal disabled e-submission facility on the last date for reply to show cause notice and option ...
Customs – Smuggling – Seizure of Foreign-Origin Cigarettes – 25,01,200 cigarette sticks seized from vehicle and godown – Absolute confiscation ordered under Section 111(d) – Penalty imposed under Section 112(b)(i) – Concurrent findings by Adjudicating Authority, Commissioner (Appeals) and CESTAT – Held: Seizure and confiscation based on detailed Panchnama ...
GST Law – Assessment Order – Document Identification Number (DIN) / Reference Number (RFN) – Petitioner challenged assessment order in Form GST DRC-07 contending absence of DIN – Court held that Reference Number (RFN) auto-generated by GST portal upon digital signing is sufficient compliance – DIN/RFN generated electronically cannot be treated as absent merely because...
Income Tax – Co-operative Society – Deduction under Section 80P(2)(a)(i) – Interest on Bank Deposits – Assessee, a co-operative housing/credit society, earned interest from savings bank account maintained with Axis Bank – Assessing Officer disallowed deduction holding interest income taxable under Section 56 relying on Totgars Co-operative Sale Society Ltd. and Citize...
Taxation Law – Andhra Pradesh VAT Act – Appeal – Rejection at Admission Stage – Delay in Filing Appeal – Appellate Deputy Commissioner rejected appeal filed with delay of 2 years 4 months and 20 days against consequential assessment order – Petitioner pleaded non-service of show cause notice and assessment order – Held: Explanation not satisfactory –...