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Archive: 10 February 2022

Posts in 10 February 2022

AO cannot disallow expenses on his whims & fancies & needs to follow Rule of Consistency

February 10, 2022 3501 Views 0 comment Print

No reason is assigned for not following Rule of Consistency. The Revenue is under legal obligation to be consistent in its approach regarding taxability of any item. It cannot be purely on the whims and fancies of the Assessing Officer.

CBDT corrects its mistake in Notification Numbering

February 10, 2022 987 Views 0 comment Print

CBDT has issued a Notification on 27.01.2022 and by Mistake numbered it as Notification No. Notification No. 12/2022-Income Tax while it already issued a notification with similar Number on 25.01.2022. CBDT has now corrected its Mistake and numbered Notification issued by it on 27.01.2022 as Notification No. 12/2022-Income Tax. MINISTRY OF FINANCE (Department of Revenue) […]

CESTAT upheld Penalty for negligence by Custom Broker

February 10, 2022 546 Views 0 comment Print

Cargo Specialist Inc. Vs Commissioner of Customs  (CESTAT Delhi) CESTAT finds that it has been recorded in the final order that the appellant – Custom Broker inspite of having already handled eight export consignment in the past, till the inspection of the 9th consignment, has never met the exporter or the owner of M/s Fashion […]

ICMAI extends last date of registration to Intermediate & Final Course

February 10, 2022 399 Views 0 comment Print

In pursuance of Regulation 20B of Cost and Works Accountants Regulation, 1959, the last date for registration/enrolment to Intermediate and Final Course stands extended up to 25th February,2022 (Friday) for June-2022 term of examination.

Section 54 exemption cannot be denied for delay in possession due to builder’s fault 

February 10, 2022 8697 Views 0 comment Print

ACIT Vs Vinay Girish Bajpai (ITAT Mumbai) Assessee claimed that he has complied with all the requirements of claiming exemption/deduction under section 54 of the IT Act. He submitted that assessee has made the payment to the builder within the stipulated time. There was some issue of obtaining the completion certificate by the builder. Hence, […]

Loan syndication fees not allowable if no proof of services rendered submitted by Assessee

February 10, 2022 1020 Views 0 comment Print

During the year under consideration also the assessee could not substantiate with relevant evidences that these expenses were related to loan syndication fees and the same was claimed as Investment Advisory Services without any break up of the detail of loan advances arranged by these two parties.

Start ups – The Drivers of Indian Economy

February 10, 2022 1557 Views 0 comment Print

Start-ups as drivers for the Indian economy’s growth they fuel innovation and value creation for all in general thereby reducing wastages and increasing efficiencies by recognising the gaps. Three words that defined the start-up landscape in 2021 – Funding, Unicorns, and Exits ♦ $24 billion in funding, 40+ unicorns, 11 IPOs, and 198 M&A deals. […]

SVLRDS-1 cannot be denied merely for issue of Summons after cut-off date of 30.06.2019

February 10, 2022 831 Views 1 comment Print

UCC Infrastructure Pvt. Ltd. Vs UOI (Bombay High Court) In the facts of this case also the respondents had issued a summons only on 30th August, 2019 i.e. after 30th June, 2019 and thus summons issued after the cut-off date of 30th June, 2019 could not be the ground for declaring the application filed by […]

ITAT quashes Assessment Order passed against a Non Existing Company

February 10, 2022 1674 Views 0 comment Print

Centum Electronics Ltd. Vs DCIT (ITAT Bangalore) Hon’ble Supreme Court, while deciding the identical issue in the case of Maruti Suzuki India Ltd  held that assessment order passed on a nonexistent entity is without jurisdiction and deserves to be set aside. Fact of the case before the Hon’ble Supreme Court clearly shows that the notice […]

ITC cannot be denied despite non-deposit of VAT by selling dealer: Rajasthan HC

February 10, 2022 5625 Views 0 comment Print

Whether Rajasthan Tax Board was justified in law in holding that respondent cannot be hold responsible for amount not deposited by selling dealer and allowed benefit of Input Tax Credit which ultimately will amount to double jeopardy to State as selling dealer has not deposited tax whereas subsequent dealer has claimed benefit of Input Tax Credit.

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