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Archive: September, 2021

Posts in September, 2021

TNGST – SOP for Faceless Refund -certain guidelines issued

September 26, 2021 4275 Views 0 comment Print

At present, the refund process under GST Law is system-based, but the process requires involvement of the jurisdictional proper officer and his possible meeting with the taxpayers leading to possible harassment and other unwarranted situations.

Statutory right to appeal cannot be defeated by drawing a presumption about service of order

September 26, 2021 2062 Views 0 comment Print

Sunbright Cement Agencies Pvt Ltd. Vs. Commissioner (Appeals) (CESTAT Mumbai) What is important to note is that even the initial period of three months provided for in sub-section (3) of section 85 of the Finance Act for presenting an appeal begins to run from the date of receipt of the order. The order was received […]

Bird eye view of Preferential Voting System in ICAI Election

September 26, 2021 22929 Views 4 comments Print

As you are aware that ICAI Elections for Central Council & Regional Councils are scheduled on 07th and 8th December 2018 and therefore I feel it appropriate to share with you information on Preferential voting system being followed by our esteemed Institute. In other words, it’s called a Preferential Voting System.

HC Grants Bail to Money Laundering Accused

September 26, 2021 1590 Views 0 comment Print

Bhimendra Kumar Goyal Vs Enforcement Directorate (Andhra Pradesh High Court) Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances […]

Payment for mere right to use copyrighted software cannot be treated as Royalty

September 26, 2021 1641 Views 0 comment Print

Trigo SAS Vs DCIT (ITAT Pune) Assessee has merely transferred the right to use copyrighted software ANTIFOG and that it had not transferred the copyright itself to Trigo India. TRIGO India was authorized to have access to and make use of the copyrighted software ANTIFOG. In the Software License Agreement entered into, it is evident […]

Supply of goods without issue of Invoice- HC grant Bail to GST evasion accused

September 26, 2021 1131 Views 0 comment Print

Petitioner is found to have deliberately supplied goods without issuing invoices in violation of the provisions of AGST Act with intention to evade Tax during the period of 2019 to 2021.

Income from amount kept in EEFC account eligible for Section 10A deduction

September 26, 2021 3129 Views 0 comment Print

Tech Mahindra Business Services Limited Vs DCIT (ITAT Mumbai) During the course of assessment proceedings, the assessee was asked to furnish the break-up of foreign exchange gain credited in the profit and loss account amounting to Rs.13,31,38,000/- for which deduction u/s.10A of the Act was claimed by the assessee. The assessee was also asked to […]

Pr. CIT can revise Assessment Order if no proper Inquiry by AO

September 26, 2021 1752 Views 0 comment Print

DSIIDC Ltd. Vs PCIT (ITAT Delhi) It is pertinent to note that the Assessing Officer has raised only a query before completion of assessment u/s 143 (3) relating to claim of 80IA(4). However, the Assessing Officer has not given any cogent finding. Thus, the observation of the Principal Commissioner of Income Tax that the assessment […]

Reopening after 4 Years in absence of failure of Assessee to disclose fully & truly all materials was invalid

September 26, 2021 1281 Views 0 comment Print

CIT Vs John Ettimootil Samuel (Madras High Court) The Tribunal, in our view, rightly took note of the fact that the reopening of the assessment was after four years and there was no tangible material to establish that the assessee failed to disclose fully and truly all materials, which are required for the assessment at […]

आयकर छापों से बचने के लिए बरतें ये सावधानियां

September 26, 2021 4041 Views 0 comment Print

आयकर छापों के पीछे मुख्यतः 5 तरह के लेनदेन: पिछले चार- पांच बड़े आयकर छापों की बात करें तो हम पाऐंगे कि लगभग एक तरह के लेनदेन द्वारा करोड़ों की आयकर चोरी की गई. सबसे पहले अदकारा तापसी पन्नु और डायरेक्टर अनुराग कश्यप के ठिकानों पर आयकर छापा जिसमें 650 करोड़ रुपये के लेनदेन कर […]

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