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Archive: 15 July 2021

Posts in 15 July 2021

Section 32 not mandate usage of asset by assessee itself for claiming depreciation

July 15, 2021 897 Views 0 comment Print

Addl. CIT Vs Gillette Diversified Operations Pvt. Ltd. (ITAT Delhi) Section 32 requires that the assessee must use the asset for the ‘purposes of business’. It does not mandate usage of the asset by the assessee itself. As long as the asset is utilized for the purpose of business of the assessee, the requirement of […]

EPCG licence obligation can be discharged by way of direct/third party exports

July 15, 2021 4056 Views 2 comments Print

Explore Angallamman Knit Fabrics vs Commissioner of Customs case. CESTAT Chennai sets aside confiscation of export goods and penalties. Full judgment here.

Cenvat Credit allowed for tax paid under reverse charge even if same was not payable

July 15, 2021 2628 Views 0 comment Print

Petro Carbon & Chemicals Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The short issue that arises for consideration in the instant appeal is whether the Appellant is entitled to Cenvat credit of Service Tax paid by it on the freight component in relation to transport of goods from non-taxable territory to India […]

No section 69B addition solely based on data retrieved from Pen-drive

July 15, 2021 2883 Views 0 comment Print

No addition could be made under section 69B  because the two pieces of evidence relied on by Revenue Authorities viz., the data retrieved from the Pen-drive and the admission by the vendors of the property though might have a persuasive value but would  not have much substantive evidentiary value in order to make additions in the hands of the assessee.

No appeal against ITAT order to be entertained in absence of substantial question of law

July 15, 2021 1110 Views 0 comment Print

Since the findings recorded by ITAT being findings of fact, the appeal could not be entertained in absence of any substantial question of law being involved in the same, therefore, appeal of authority was dismissed.

Infosys totally failed in handling GST and New income tax portal

July 15, 2021 9963 Views 14 comments Print

With my experience as Chartered Accountant I can say that Infosys has totally failed in handling GST portal  as well as the New income tax portal. It is surprising to see that despite failure of Infosys Cenhtral government has not imposed any penalty on Infosys for Its Sub-standard performance in website maintenance and implementation. If […]

Assessee cannot use proceedings u/s. 154 to file appeal against order passed u/s. 143(1)

July 15, 2021 22128 Views 0 comment Print

Navodaya Education Trust Vs DCIT (ITAT Bangalore) it is submitted that the CPC, Bengaluru made the impugned adjustment in its intimation u/s 143(1), erroneously and as such the same was rectifiable as per the provisions of section 154. The CIT(Appeals) has erred in confirming the the same and rejecting the rectification application filed by the […]

No Penalty via SCN issued by DRI as DRI have no jurisdiction to issue SCN

July 15, 2021 2523 Views 0 comment Print

There was no jurisdiction with the DRI to issue the Show Cause Notice in question and consequently, the whole penalty proceedings become ab initio void.

Readymade Garment Accessories Import-Compliance

July 15, 2021 3672 Views 0 comment Print

In the last budgetary changes, the Customs mega exemption Notification No. 50/2017-Cus dated 30.06.2017 witnessed vital changes and amidst these changes, two changes directly hit readymade garment exporters and here these both changes are discussed for the sake of enhancement of awareness of the stakeholders. EXEMPTION IN RELATION TO FASTENERS, THREADS, RIBS ETC. Prior to […]

Section 194Q TDS & Higher TDS Rate under Section 206AB

July 15, 2021 365910 Views 9 comments Print

 Section 194Q- Deduction of TDS on Purchase of Goods The government has introduced Section 194Q in the Income Tax Act, 1961 vide the Finance Act, 2021. The intent of the government to bring this provision is to establish the trail of high value of transaction of sale and purchase of goods. There are various other provision which […]

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