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Archive: 10 June 2021

Posts in 10 June 2021

Addition on estimation by AO do not call for initiation of penalty

June 10, 2021 3432 Views 0 comment Print

ACIT Vs Remi Electrotechnik Ltd. (ITAT Mumbai) Assessing Officer levied penalty under section 271(1)(c) of the Act on estimate basis without any evidence on record with regard to concealment of income. Penalty under section 271(1)(c) of the Act is leviable to be imposed only where the assessee has concealed its particulars of income or furnished […]

No bar on ED to file appeal under section 26 of PML Act, through Assistant Director

June 10, 2021 3093 Views 0 comment Print

Nillesh Parrekh Vs Assistant Director (Calcutta High Court) The Enforcement Directorate (ED) happens to be the specialised financial Investigating Agency under the Department of Revenue, which is entrusted to enforce the provisions of the Prevention of Money Laundering Act, 2002 (PML Act). As such, it will be utterly fallacious to suppose that only the Director […]

No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

June 10, 2021 2937 Views 0 comment Print

Explore the case of Surya Alumex vs. Commissioner of Central Goods and Service Tax (CESTAT Delhi). Understand the implications of Rule 4(4) of CENVAT Credit Rules, 2004 on Cenvat credit and depreciation claims.

CBDT Interim Action Plan for the F.Y. 2021-22

June 10, 2021 13215 Views 0 comment Print

INTERIM ACTION PLAN FOR FINANCIAL YEAR 2021-22 Apart from the time barring work being attended to by the respective Charges, the following Key Result Areas have been identified for achievement within the time lines as indicated below:

Include CAs in Priority Group for Vaccination & Professional works: KSCAA

June 10, 2021 4284 Views 0 comment Print

Representation Seeking Inclusion of Chartered Accountants In To ‘Priority Group’ For Covid Vaccination And For Performing Professional Work As Usual

Guidelines for compulsory complete Income Tax Scrutiny during FY 2021-22

June 10, 2021 29298 Views 0 comment Print

Guidelines for compulsory selection of returns for Complete Scrutiny during the Financial Year 2021- 22 – conduct of assessment proceedings in such cases

GST Appellate Authority should adopt more liberal approach in matters of condonation of delay

June 10, 2021 4353 Views 0 comment Print

M/s. Shree Udyog Vs Commissioner of State Tax Odisha (Orissa High Court) The difficulties generally faced by lawyers and litigants in applying for and obtaining certified copies of orders is generally known. Acknowledging this reality, the explanation offered for the delay in furnishing such certified copy ought to have been accepted by the Appellate Authority […]

No criminal prosecution on same allegations if departmental proceedings ended in favour of accused

June 10, 2021 3624 Views 0 comment Print

The standard of proof in criminal proceedings was higher than the standard of proof in civil/departmental proceedings. In a reverse case, where criminal proceedings ended in acquittal but simultaneous departmental proceedings continued, the result of the criminal proceedings would not have any bearing on the departmental proceedings, as judgment of the criminal Court was not binding in civil or departmental proceedings.

No Penalty for Addition for Bogus Purchases on estimated basis

June 10, 2021 8790 Views 0 comment Print

DCIT Vs Toshvin Analytical Private Limited (ITAT Mumbai) As per facts recorded above, the penalty in this case is only with reference to addition on bogus purchases amounting to Rs.3,83,388/-. The addition was sustained by the ITAT @8% of the bogus purchases. We find that on the facts and circumstances of the case, the Ld. […]

Weekly newsletter from Chairman, CBIC dated 09/06/2021

June 10, 2021 693 Views 0 comment Print

CBIC has lost a number of its serving officers and staff during the Covid pandemic, more so in the recent second wave, leaving their families, colleagues and indeed the entire organization, disconsolate and in a state of shock. We will always remember their valuable contribution, to the department and to the trade and industry, done in a spirit of service to the nation even during these challenging times.

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