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Archive: 19 April 2013

Posts in 19 April 2013

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6141 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Live Course on How to Reply to GST Notices & SCN & to Fake ITC Notices? – Last day to Register

May 15, 2024 19206 Views 0 comment Print

Join our live course to learn expert strategies for replying to GST notices, SCNs, and fake ITC notices. Understand litigation nuances, evidence insights, and practical tips for effective responses. Register now!

Re-opening of Assessment – Sections 147/148

April 19, 2013 40480 Views 3 comments Print

Legal Foundation of Provisions The fundamental legal and common-sense principle which help understanding and appreciating the requirements of valid actions and procedures for re-opening the assessments is, that in general, the law disfavours the unsettling of settled and concluded status/ proceedings. It is easy to understand why it should be so.

Rejection of books of Accounts – Section 145(3) – Issues & Case Laws

April 19, 2013 76255 Views 0 comment Print

Section 145 of the Income Tax Act 1961, lays down that income chargeable under the head “Profit and gains of business or profession” or “Income from other sources” shall, subject to the accounting standards notified by the Central Government in the Official Gazette, be computed in accordance with either cash or mercantile system of accounting […]

If effective management of company situated in Netherlands it can claim benefit under India – Netherlands treaty

April 19, 2013 873 Views 0 comment Print

From the material documents allowed to be produced, the assessee could satisfy the Commissioner (Appeals) that the place of effective management of its enterprises was situated at Netherlands and thus, the requirement of condition in Article 8A of DTA agreement was met with. The Tribunal has rightly confirmed the decision of the Appellate Commissioner holding the assessee to be eligible for benefits of DTAA.

ITAT Bar Association, Ahmedabad decides to Boycott Bench consisting of member Shri A. K. Garodia

April 19, 2013 1876 Views 0 comment Print

A meeting of the managing committee of ITAT Bar Association, Ahmedabad was held on 19th April, 2013 and the following resolution was passed unanimously: RESOLVED THAT considering the conduct of Shri A. K. Garodia, the Accountant Member of ITAT Bench at Ahmedabad, it was found that on account of his consistent gross, rude, arbitrary and […]

Reopening solely on basis of objection of audit party without application of mind by AO is not valid

April 19, 2013 4597 Views 0 comment Print

As is more than apparent, assessment was completed on scrutiny. In post assessment period, audit party raised the objection and Assessing Officer had strongly objected to such objections by communicating internally as mentioned hereinabove. In such background, reasons for reopening if are noted, they are almost identically worded as that of audit report. No material worth the name emerges to indicate any independent application of mind. Facts are quite glaring on the contrary & they clearly establish absence of subjective satisfaction of Assessing Officer. Thus, the ground raised by the petitioner that such notice of reopening is invalid for the Assessing Officer having not formed his independent belief requires to be sustained.

Is your cheque book CTS-2010 standard compliant?

April 19, 2013 5061 Views 0 comment Print

Reserve Bank of India has issued guidelines on standardisation and enhancement of security features for cheque leaves referred to as CTS-2010. These features are aimed at enhancing customer safety and facilitating easier processing of cheques.  RBI has advised all banks to issue only multi-city/payable at par CTS-2010 standard cheques and withdraw Non-CTS-2010 standard cheques by […]

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