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Archive: 28 December 2021

Posts in 28 December 2021

In case of limited Scrutiny AO not expected to examine matters not referred to him

December 28, 2021 1605 Views 0 comment Print

Paradise Rubber Industries Vs PCIT (ITAT Amritsar) Admittedly the present case before us is a case of Limited scrutiny selected for particular points reproduced hereinabove confined to 4 issues. The issue for which the PCIT issued the show cause notice was entirely different than the four issues examined under limited scrutiny by the assessing officer. […]

Amendment in Section 36(1)(va) and 43B by Finance Act 2021 is prospective

December 28, 2021 2223 Views 0 comment Print

Vinko Auto Industries Limited Vs DCIT (ITAT Amritsar) Now, coming to the second aspect/determination made by the CIT(A) to the effect that the amendment made in Section 36(1)(va) and 43B of the Act by Finance Act 2021 has to be considered as clarificatory in nature and having retrospective effects, therefore would be applicable to the […]

No recovery of ‘listing fee’ dues as operational debt under IBC

December 28, 2021 2088 Views 0 comment Print

Since assessee had initiated the insolvency proceedings against the Corporate Debtor only as a recovery mechanism to recover dues of ‘listing fees’ however, IB Code was not meant for recovery of dues of creditors.

ITAT deletes Addition for delayed payment of ESI/EPF as paid before due date of ITR filing

December 28, 2021 1146 Views 0 comment Print

Express Roadway P. Ltd. Vs ACIT (ITAT Delhi) The issue in the present ground is with respect to addition made on account of delayed payment of ESI/EPF. We find that CIT(A) while deciding the issue in favour of the assessee has given a finding that though there was delay in deposit of ESI & EPF […]

In absence of proper details & substantiating documentary evidences advance ruling cannot be given

December 28, 2021 696 Views 0 comment Print

In re Chep India Private Limited (GST AAR Tamilnadu) It is observed that the business model proposed is in the stage of contemplation and has not attained finality with respect to merger, disposition of the assets and the following supply, in as much as the applicant could not provide any finalized document such as MOU […]

Supply of Coaching Services with Goods is mixed supply: AAR Rajasthan

December 28, 2021 2196 Views 1 comment Print

In re Resonance Eduventures Limited (GST AAR Rajasthan) The order is important as it contradicts its own ruling in Symmetric Infrastructure Private Limited dated 02.09.2021 in which Supply of  services of coaching to students which also includes along with coaching, supply of goods/printed material/test papers, uniform, bags and other goods to students was held as […]

Supply of coaching services with Books, Uniforms etc attracts 18% GST

December 28, 2021 4476 Views 0 comment Print

In re Resonance Eduventures Limited (GST AAR Rajasthan) Q.1: Applicant (REL) is supplying services of coaching to students which also includes along with coaching, supply of goods/printed material/test papers, uniform, bags and other goods to students. Such supplies are not charged separately but a lump sum amount is charged, the major component of which is […]

AAR application filed after completion of service rejected

December 28, 2021 522 Views 0 comment Print

The application is filed after the service is over. The work is over. Hence application is not maintainable as per Sec 95(a), so same cannot be admitted.

Glitches on Income Tax Portal & request for due date extension

December 28, 2021 15501 Views 2 comments Print

The Chamber Of Tax Consultants has made a representation to Smt. Nirmala Sitharaman on Technical glitches in the Income-tax e-fining portal and  Requested for Extension of due dates for filing Return of Income. Full text of their representation is as follows:- THE CHAMBER OF TAX CONSULTANTS Date: 27th December, 2021 To, 1. Smt. Nirmala Sitharaman, […]

Request to Extend due dates under Income Tax Act & Companies Act

December 28, 2021 27657 Views 1 comment Print

Delhi Tax Bar Association has made a representation to Hon’ble FM Nirmala Sitharaman Ji and requested for Extension of Due Dates for Submission of Income Tax Returns and various Audit Reports under the Income Tax Act and Companies Act. DELHI TAX BAR ASSOCIATION Formerly Bar Association (Income Tax) (ESTD. 1954-55) G-09, CENTRAL REVENUE BUILDING, INDRAPRASTHA […]

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