![Bombay HC set aside Assessment Order u/s 148 in Absence of Evidence proving Income Escapement in Assessment [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Bombay-High-Court-assessment-order-Absence-of-Evidence-proving-Income-Escapement-in-Assessment-taxscan.jpeg "Bombay HC set aside Assessment Order u/s 148 in Absence of Evidence proving Income Escapement in Assessment [Read Order]")
Bombay HC set aside Assessment Order u/s 148 in Absence of Evidence proving Income Escapement in Assessment [Read Order]
The Bombay High Court HC set aside an assessment order under section 148 of Income ncome Tax Act,1961 in the absence of evidence proving income...
![Misreading of Evidence by Magistrate: Calcutta HC sets aside Order of Acquittal in S. 138 NI Act Case [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Misreading-Evidence-Magistrate-aside-Order-Acquittal-NI-Act-Case-Directing-respondent-surrender-taxscan.jpg "Misreading of Evidence by Magistrate: Calcutta HC sets aside Order of Acquittal in S. 138 NI Act Case [Read Order]")
![Expert Evidence cannot be Brushed Aside for Non-Technical Reasons: CESTAT quashes Allegation of Clandestine Removal of Chemicals without Payment of Excise Duty [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Expert-Evidence-Brushed-Aside-for-Non-Technical-Reasons-CESTAT-quashes-Allegation-of-Clandestine-Removal-of-Chemicals-Payment-of-Excise-Duty-TAXSCAN.jpg "Expert Evidence cannot be Brushed Aside for Non-Technical Reasons: CESTAT quashes Allegation of Clandestine Removal of Chemicals without Payment of Excise Duty [Read Order]")
![Wavier of Penalty u/s 80 allowable in absence of Evidence Establishing Suppression of fact with Intention to Evade Tax: CESTAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Wavier-Penalty-allowable-absence-Evidence-Establishing-Suppression-fact-Intention-Evade-Tax-CESTAT-taxscan.jpg "Wavier of Penalty u/s 80 allowable in absence of Evidence Establishing Suppression of fact with Intention to Evade Tax: CESTAT [Read Order]")
![Refund Claim of Cenvat Credit allowable when Input Service is related to Manufacture of Finished Goods: CESTAT upholds Refund in absence of Contrary Evidence [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Refund-Claim-of-Cenvat-Credit-Refund-Claim-Cenvat-Credit-Input-Service-Finished-Goods-CESTAT-upholds-Refund-Contrary-Evidence-taxscan.jpg "Refund Claim of Cenvat Credit allowable when Input Service is related to Manufacture of Finished Goods: CESTAT upholds Refund in absence of Contrary Evidence [Read Order]")
Failure to produce Confirmation Letter and Supporting Evidence of Promotion Expenses Incurred towards Medicine Agency: ITAT upholds Addition [Read Order]
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has upheld the addition as the assessee had failed to produce confirmation letter and promotion expenses incurred towards the medicine...
![Failure to produce Confirmation Letter and Supporting Evidence of Promotion Expenses Incurred towards Medicine Agency: ITAT upholds Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Confirmation-Letter-Supporting-Evidence-Promotion-Expenses-Medicine-Agency-ITAT-Addition-taxscan.jpg "Failure to produce Confirmation Letter and Supporting Evidence of Promotion Expenses Incurred towards Medicine Agency: ITAT upholds Addition [Read Order]")
AO cannot step in the shoes of businessman to decide curtailing of excessive expenditure unless brought evidence of fraud: ITAT deletes addition [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that Adoption of value by AO on the date of transfer being hypothetical makes the addition non tenable under section 48 of the Income...
![AO cannot step in the shoes of businessman to decide curtailing of excessive expenditure unless brought evidence of fraud: ITAT deletes addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/shoes-of-businessman-curtailing-of-excessive-expenditure-evidence-of-fraud-ITAT-deletes-addition-taxscan-.jpg "AO cannot step in the shoes of businessman to decide curtailing of excessive expenditure unless brought evidence of fraud: ITAT deletes addition [Read Order]")
Failure to submit Evidence towards Legitimacy of Transaction: CESTAT upholds Confiscation of Betel Nuts [Read Order]
The Kolkata bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) upheld the confiscation of Betel Nuts as the assessee failed to submit evidence to prove the legitimacy of...
![Failure to submit Evidence towards Legitimacy of Transaction: CESTAT upholds Confiscation of Betel Nuts [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Failure-to-submit-Evidence-Evidence-Legitimacy-of-Transaction-Transaction-CESTAT-Betel-Nuts-taxscan.jpg "Failure to submit Evidence towards Legitimacy of Transaction: CESTAT upholds Confiscation of Betel Nuts [Read Order]")
Verification of Prices of Actually Sold Goods not possible in absence of Evidence: CESTAT Remands Matter for Determining Value [Read Order]
The Mumbai bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) remanded matter for determining value verification of prices of actually sold goods not possible in...
![Verification of Prices of Actually Sold Goods not possible in absence of Evidence: CESTAT Remands Matter for Determining Value [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Verification-of-Prices-Actually-Sold-Goods-absence-of-Evidence-CESTAT-Determining-Value-taxscan.jpg "Verification of Prices of Actually Sold Goods not possible in absence of Evidence: CESTAT Remands Matter for Determining Value [Read Order]")
Charge on Undervaluation of Imported Goods is not Valid as Dept Fails to Produce Corroborative Evidence: CESTAT [Read Order]
The Mumbai bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that charge on under valuation of imported goods is not valid as department failed to produce...
![Charge on Undervaluation of Imported Goods is not Valid as Dept Fails to Produce Corroborative Evidence: CESTAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Charge-Undervaluation-of-Imported-Goods-Imported-Goods-Corroborative-Evidence-CESTAT-taxscan.jpg "Charge on Undervaluation of Imported Goods is not Valid as Dept Fails to Produce Corroborative Evidence: CESTAT [Read Order]")
High Court in its Writ Jurisdiction cannot act as AO to Scrutinise Facts and Evidences: Calcutta HC [Read Order]
In a recent decision, a Division bench of the Calcutta High Court confirmed the observation of the Single bench of the same court, which stated that the High Court, when exercising its Writ...
![High Court in its Writ Jurisdiction cannot act as AO to Scrutinise Facts and Evidences: Calcutta HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/High-Court-in-its-Writ-Jurisdiction-High-Court-Writ-Jurisdiction-AO-Scrutinise-Facts-and-Evidences-Scrutinise-Facts-Evidences-Calcutta-High-Court-taxscan.jpg "High Court in its Writ Jurisdiction cannot act as AO to Scrutinise Facts and Evidences: Calcutta HC [Read Order]")
Extended Period of Limitation cannot be Invoked unless there is Evidence of Fraud or Collusion or Wilful Misstatement: CESTAT [Read Order]
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), observed that extended period of limitation cannot be invoked unless there is evidence of fraud or collusion or...
![Extended Period of Limitation cannot be Invoked unless there is Evidence of Fraud or Collusion or Wilful Misstatement: CESTAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Extended-Period-of-Limitation-Extended-Period-Evidence-of-Fraud-Evidence-Fraud-Collusion-Wilful-Misstatement-Misstatement-CESTAT-Taxscan.jpg "Extended Period of Limitation cannot be Invoked unless there is Evidence of Fraud or Collusion or Wilful Misstatement: CESTAT [Read Order]")