"05 May 2019" Archive

Manual Appeal Filing instead of E-Filing – ITAT allows to remove defect

Shri Devendra Agarwal Vs ITO (ITAT Jaipur)

Shri Devendra Agarwal Vs ITO (ITAT Jaipur) As regards the maintainability of the appeal for want of e-filing, we note that the ld. CIT(A) except giving the reasons in the impugned order did not raise this defect by issuing any notice or otherwise for rectification of the same on the part of the assessee. Though […]...

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Penalty imposed without issuing a proper show-cause notice is invalid

Shri Vivek Chugh Vs ACIT (ITAT Indore)

In the present case at the very inception notice initiating penalty is not in accordance with mandates of law. Moreover, it is settled position of law that such defect is not curable u/s 292BB of the Act. Therefore, we hereby quash the penalty order....

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S.147 Basic condition of ‘reason to believe’ applies even to s.143(1) intimations

Ankita A. Choksey Vs ITO (Bombay High Court)

Ankita A. Choksey Vs ITO (Bombay High Court) Even in cases where the return of income has been accepted by processing under Section 143(1) of the Act, re-opening of an assessment can only be done when the Assessing Officer has reason to believe that income chargeable to tax has escaped assessment. The mere fact that […]...

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Reassessment for Change of opinion not objected during Assessment- HC dismisses writ petition

M/s. Hanon Automotive Systems India Private Limited Vs DCIT (Madras High Court)

Firstly, we may observe that the learned Single Judge was absolutely right in holding that the Assessee, having not raised an objection before the Assessing Authority to the re-opening of the assessment under Section 147/148 of the Act, should be deemed to have acquiesced to the same. Nothing prevented the Assessee from raising the objec...

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Penalty for delay in filing TDS return due to technical glitches is invalid   

Pravin Chatarbhuj Bajaj Vs Addl. CIT (TDS) (ITAT Pune)

Pravin Chatarbhuj Bajaj Vs Addl. CIT (TDS) (ITAT Pune) The case of the assessee before us is that the delay in submission of e-TDS return was because of strict requirement of e-filing of the statement and filing of such e-TDS return in this year PAN of person on whose behalf tax is collected were required […]...

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ROC Annual Filing

ROC Filing Every company is required to file the annual accounts and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting. The ROC filing of annual accounts is governed under Section 129(3), 137, of The Companies Act, 2013 read with Rule […]...

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Posted Under: Income Tax |

GST Audit Basics

Introduction to GST Audit The introduction of the Goods and Services Tax regime is a revolutionary step in the domain of commodity and services tax, which has brought about a paradigm shift in the methodology of levy and collection of taxes. It is an internationally recognized multipoint tax system, providing for levy of tax on goods a...

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How to start with GST audit?

Just few days left for the deadline of GST audit and most of the companies have not yet started working on this. GST audit being for the first time will bring many challenges to every company. It’s better to start early, so as to have sufficient time to discuss various divergences and error points. This […]...

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Posted Under: Income Tax |

All about Goods Transport Agency (GTA) under GST

Goods transport agency Transportation of Goods by Road In terms of Notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 (sr.no.18), the following services are exempt from GST Services by way of transportation of goods (Heading 9965): (a) by road except the services of: (i) a goods transportation agency; (ii) a courier agency; (b) ...

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Posted Under: Income Tax |

GST on Reimbursement of Expenses to Professionals

Expenses incurred by service provider acting as a PURE AGENT shall be excluded from value of supply if some specified conditions are fulfilled.It should be noted that you cannot exclude expenses incurred on behalf of Recipient of Service unless following conditions are specified. Relevant Section and Rule – Section 15 of CGST Act, 201...

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