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Archive: 13 March 2022

Posts in 13 March 2022

No revision possible invoking section 263 provisions on highly debate issue

March 13, 2022 552 Views 0 comment Print

Kalaivani Spinners Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT observed that PCIT himself admits that there are different views possible on claim of deduction u/s.80IA and issue is highly debatable. Once the issue is highly debatable no revision is possible invoking the provisions of section 263 of the Act. Hence, we quash the revision order passed […]

Reopening cannot be done in a mechanical manner & on a mere change of opinion

March 13, 2022 810 Views 0 comment Print

Standard Builders Vs ACIT (ITAT Chennai) ITAT held that reopening could not be done in a mechanical manner and on a mere change of opinion. Further, in case of reopening beyond 4 years, the revenue must allege that there was failure on the part of the assessee to disclose material facts. We find that the […]

No Service Tax on Screening films in multiplex on Revenue Sharing basis: SC

March 13, 2022 4266 Views 0 comment Print

Commissioner of Service Tax Vs Inox Leisure Ltd. (Supreme Court of India) Supreme Court upheld the order of CESTAT and held that Service Tax is not payable by Appellant on  Screening films in their multiplex on Revenue Sharing basis. Earlier CESTAT held that the appellant is not liable to pay Service Tax for Screening of […]

Foreign exchange difference as on balance sheet date is allowable expense

March 13, 2022 3153 Views 0 comment Print

Venture Lighting India Vs ACIT / DCIT (ITAT Chennai) ITAT noted that the assessee is consistently following a policy and method of accounting admitting foreign exchange gain or loss on year-on-year basis. The assessee before us filed complete chart from assessment year 2010-11 to 2016-17 as noted above. Before us, the ld. Senior DR could […]

Appellate authority shall decide appeal on merits despite absence of assesse

March 13, 2022 1050 Views 0 comment Print

The appellate authority has to decide the appeal on merits even in the absence of assessee and not to dismiss it for default.

CIT Appeal cannot set aside the matter to the file of AO

March 13, 2022 4341 Views 0 comment Print

ACIT Vs Shri. Mohamed Hassan (ITAT Chennai) Section 251(1)(a) of the Act does not provide power to the Ld. CIT(A) for setting aside the matter to the file of the Ld. AO. The power given to the Ld. CIT(A) in terms of section 251(1)(a) of the Act relates to confirming, reducing, enhancing or annulling the […]

HC quashes Assessment order passed without issuing GST DRC-1 Notice

March 13, 2022 13767 Views 0 comment Print

V.R.S. Traders Vs Assistant Commissioner (State Taxes) (Madras High Court) As per section 74 of CGST Act, 2017 the first step, if the revenue wants to initiate proceedings under Section 74, has to serve a notice to pay the amount of tax along with interest payable under Section 50 and a penalty equivalent to 15% […]

ITAT imposes cost on Assessee for failure to attend before CIT(A)

March 13, 2022 1104 Views 0 comment Print

Explore the ITAT Delhi’s decision in Anant Media Pvt. Ltd. vs. ACIT case. Learn about the challenges, legal principles, and the directive to the assessee for a fresh hearing. Understand the implications of the share premium disallowance and the significance of complying with authorities’ notices.

Loss due to forfeiture of security deposits given for lease of rental premises allowable

March 13, 2022 6801 Views 1 comment Print

ACIT Vs Benetton India Pvt. Ltd. (ITAT Delhi) The assessee submitted that the advances written off is not a capital loss as it is written off as security deposits against the shops obtained on rent. Such write off of security deposits was incidental to the business of the assessee and was for running its operations. […]

Section 54F- Source of funds is irrelevant & Possession date is Purchase date 

March 13, 2022 12276 Views 1 comment Print

ITAT Mumbai held that for claiming exemption under section 54 Date on which possession is by the Assessee  should be taken as the date of purchase and further section only require Assessee to purchase/Construct a residential house within the specified period and source of funds is quite irrelevant.

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