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Archive: 16 March 2022

Posts in 16 March 2022

Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Act, 2022

March 16, 2022 9342 Views 0 comment Print

Scheme under Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Act, 2022mainly targets the class of dealers by providing lump sum payment option for settlement of dues and closure of old pending litigations.

Disallowance of Expenditure incurred in relation to income exempt from tax

March 16, 2022 7932 Views 0 comment Print

Section 14A, which pertaining to Expenditure incurred in relation to income not includible in total income, was introduced with effect from 1st April, 2062 by the Finance Act 2001, with retrospective effect. There after circular No 11/2001 dated 23/07/2001 (past assessments not to be reopened) and circular no 5/2014 dated 11/02/2014 (Disallowance in cases where […]

Stamp duty on Arbitration Agreement applicable as per ‘place of execution’

March 16, 2022 19866 Views 0 comment Print

The Arbitration agreement with signatures of only one party to the agreement are not ‘instruments’ to attract the provisions of Stamp Act of that place where it is signed by one party.

ITC available on evaporation loss of petrol pumps: HC

March 16, 2022 13176 Views 0 comment Print

Excise and Taxation Commissioner Vs Gupta Brother (Punjab and Haryana High court) Issue –Whether in the facts and circumstances of the case the assessee is entitled to ITC under the provisions of the Act on evaporation/handling losses of the petroleum products? Held – The question is answered in favour of the dealer i.e. assessee shall […]

GST: Mismatch of quantity during roadside checking, cannot be termed as section 129 contravention

March 16, 2022 5436 Views 0 comment Print

Hon’ble Punjab and Haryana High Court in the case of Raghav Metals Vs State of Haryana and others held that the mismatch of quantity during roadside checking, cannot be termed as contravention under section 129 of the CGST/SGST Act, 2017.

Gauhati HC stays levy & collection of Entry tax by Autonomous Council

March 16, 2022 1338 Views 0 comment Print

Instakart Services Pvt. Ltd Vs North Cachar Hills Autonomous Council (Guwahati High Court) A reading of the provisions of Clause 8(3)(c) of the 6th Schedule to the Constitution of India makes it discernible that the District Council of the NCHAC is authorised to levy and collect tax on the entry of goods into a market […]

TDS under GST not to be deducted in value of supply under contract not exceeds Rs. 2.5 Lakhs

March 16, 2022 19107 Views 0 comment Print

TDS is not required to be deducted on payment made to the supplier of taxable goods or services or both, only when the value of such supply under a contract does not exceeds Rs. 2.5 Lakhs.

ITAT allows deduction of payments made to LIC towards group gratuity

March 16, 2022 10515 Views 0 comment Print

ITAT Kolkata allowed assessee’s deduction for LIC group gratuity scheme. Relying on precedent, control over funds is key for Section 36(1)(v) applicability.

Swiss Bank account – ITAT upheld Section 271(1)(b) penalty

March 16, 2022 3330 Views 0 comment Print

Jayanti Dalmia Vs DCIT (Delhi High Court) In this case ITAT has upheld the order of CIT with respect to non-compliance of notice issued under Section 142(1) of Income Tax Act, 1961 by the Appellant-assessee and the consequent imposition of penalty under Section 271(1)(b) of the Act. Briefly stated the relevant facts are that the […]

Penny Stock Transactions – No addition if no incriminating material found during search

March 16, 2022 4137 Views 0 comment Print

DCIT Vs Vipul Suresh Kumar Modi (ITAT Mumbai) ITAT held that no addition can be made for Transactions in Penny Stocks in respect of unabated assessments which have become final in absence of any incriminating material found during search. The brief facts of the case relevant to the issue before us are that the Assessee, […]

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