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Archive: 10 February 2021

Posts in 10 February 2021

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4533 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4002 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Time limit of reckoning for section 54 is to be read as 139(4) & not as 139(1)

February 10, 2021 4011 Views 0 comment Print

Harminder Kaur Vs ITO (ITAT Delhi) In the instant case, the assessee has claimed deduction under section 54 of the Act against booking of flat before the due date of filing of return under section 139(4) of the Act. The Assessing Officer and the Learned CIT(A) has denied the deduction on two grounds. Firstly, the […]

SC ask govt steps they will take to stop habitual delay in appeal filing

February 10, 2021 435 Views 0 comment Print

C.C.E. And S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court) 1. There is a delay of 536 days in filing the appeal against the order of the Customs Excise and Service Tax Appellate Tribunal. Repeatedly, it has come to the notice of this Court that appeals in revenue matters involving indirect taxation are being […]

Allowability of Interest on capital borrowed for acquisition of asset

February 10, 2021 3426 Views 0 comment Print

Golf View Homes Limited Vs ACIT (ITAT Bangalore) From a perusal of the order of AO/CIT(A) it is clear that the disallowance has been made on the basis of the proviso to Sec.36(1)(iii) of the Act. There is no dispute that the interest free loans were given for the purpose of business of the Assessee. […]

CBIC rename IRS(C&CE) to IRS(C&IT)

February 10, 2021 4923 Views 0 comment Print

CBIC renames Indian Revenue Service (Customs & Central Excise) [IRS(C&CE)], Group ‘A’ as ‘Indian Revenue Service (Customs & Indirect Taxes)’ [IRS(C&IT)], Group ‘A’. The said change in the nomenclature shall come into force with effect from the date of issue of this order.

AO cannot simply deny claim of Assessee of use of premises for business without investigation

February 10, 2021 897 Views 0 comment Print

ITAT rules in favor of Anilbhai Chunilal Bhayani, rejecting AO’s disallowance of transportation expenses. Assessee’s explanations and documents deemed sufficient.”

Section 50C of the Act does not operate to change year of transfer

February 10, 2021 1554 Views 0 comment Print

Ayi Vaman Narasimha Acharya Vs DCIT (ITAT Bangalore) Under section 45(1) of the Act, the charge on capital gain is in the year of transfer. Section 45(1) of the Act clearly lays down that any gain arising on the transfer of the capital asset effected in the previous year shall be chargeable to income tax […]

Mere Vague Air Information of Cash Deposit Not Sufficient to believe Escapement of Income

February 10, 2021 3165 Views 0 comment Print

Harmeet Singh Vs ITO (ITAT Delhi) At the time of hearing, Ld. Counsel of the assessee has only argued the legal ground and stated that the reopening action of the AO and confirmation thereof by the Ld. CIT(A) is in violation of mandatory jurisdictional conditions stipulated under the Act. It was further stated that the […]

Draft Ammonium Nitrate (Amendment) Rules 2021

February 10, 2021 780 Views 0 comment Print

6(a) All flooring in ammonium nitrate storage and handling area shall be without open drains, traps, pits or pockets into which any molten ammonium nitrate is able to flow and be confined in the event of fire.

Service Tax Demand cannot be raised in category for which SCN was not issued

February 10, 2021 4758 Views 0 comment Print

Commissioner was not justified in confirming the demand of service tax under the category of ‘works contract’ for the period post June 1, 2007 even if the levy of service tax was not exempted under Notifications, since, the show cause notice that demand it service tax under the three categories namely (i) commercial or industrial construction, (ii) construction of complex and (iii) management, maintenance or repair.

Panipat Court refuses bail in alleged Fake & fraudulent ITC case

February 10, 2021 1761 Views 0 comment Print

Mohit Bathla Vs CGST Division Panipat (Panipat District Court) This order shall dispose of an application for regular bail moved on behalf of the applicant-accused, named above. 2. Briefly, the case of the prosecution is that on 24.12.2020, a search operation at the premises of M/s S.B. Chemicals of applicant-accused Mohit Bathla was conducted by […]

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