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Archive: March, 2022

Posts in March, 2022

ITAT condone delay of 238 due to medical conditions of 71 Year Old Assessee

March 20, 2022 1206 Views 0 comment Print

Omprakash Pandey Vs ITO (ITAT Bangalore) The assessee is aged about 71 years. The appeal before the CIT(A) was filed on 15.10.2020 electronically. Due to Covid-19 pandemic, the Hon’ble Supreme Court had directed exclusion of period from 15.03.2020. If this period is excluded, the delay has to be explained only between 15.11.2019 and 14.03.2020. The […]

No Income Tax on Compensation for compulsory acquisition of land under RFCTLARR Act

March 20, 2022 88572 Views 0 comment Print

Mattapalli Ram Kumar Vs ACIT (ITAT Vishakhapatanam) It is undisputed fact that the assessee had received compensation of Rs.1,33,88,000/- under compulsory acquisition of land under RFCTLARR Act. The Ld. Counsel for the assessee has heavily relied on the Circular 36/2015 dated 25.10.2016 issued by the CBDT, wherein, it was mentioned that income tax shall not […]

ITAT deletes Penalty claim of fraudulent refunds due to malpractices of Income Tax Practitioner

March 20, 2022 5250 Views 0 comment Print

Joison Kundu Kulam Johny Vs ITO (ITAT Bangalore) Assessee submitted that his case was mishandled by one Mr. Nagesh Shastry, Income Tax Practitioner, who has been indulging in claim of fraudulent refunds by fictitious claim of deductions, which was unearthed by the Investigation Wing of the Income Tax Department. It was submitted that without the […]

Cenvat refund of unutilised credit is permissible when it is not possible to utilise such credit

March 20, 2022 1923 Views 0 comment Print

Scot Innovations Wires & Cables Private Limited Vs Commissioner of Central Excise and Central Goods, Service Tax (CESTAT Delhi) Hon’ble Karnataka High Court in UoI vs. Slovak India Trading Co. Pvt. Ltd. 2006 (201) ELT 559 (Kar.) =2008 (10) STR 101 (Kar.) has held that in the absence of any express prohibitory provisions, unutilised credit […]

HC confirms Suspension of period of limitation from 15.3.2020 to 14.3.2021 for GST Appeal

March 20, 2022 1845 Views 0 comment Print

J.K Infratech Vs Additional Commissioner (Allahabad High Court) In this case it transpires, the GST registration cancellation order dated 17.9.2019 was passed ex-parte pursuant to a notice claimed to be served through the common portal. The petitioner could not reply to the same as he claimed lack of knowledge. Thereby, ex-parte order was passed on […]

GST on services for right to use minerals including its exploration & evaluation

March 20, 2022 1572 Views 0 comment Print

In re Anil Khirwal (GST AAR Jharkhand) The applicant sought Advance Ruling on the three questions i.e,- 1. What is the classification of service provided by the State of Jharkhand to the petitioner for which Royalty is being paid in light of the notifications mentioned below? 2. What is the GST Rate applicable on given […]

Tax on right to receive Compensation/damages for release of right to sue

March 20, 2022 12525 Views 2 comments Print

Whether right to receive Compensation/damages for release of right to sue on account of breach of contract for sale of Land is chargeable to tax in the hands of recipient as Capital gains?

Income Tax Search and Seizure: ‘Insertion of Section 79A’-Plugging of lacuna by Finance Bill 2022

March 20, 2022 7545 Views 0 comment Print

In the Union Budget 2022-23 through Finance Bill 2022, among other tax measures, the Hon’ble Finance Minister recommended ‘Insertion of New Section 79A: – No set off of losses  consequent to search, requisition and survey’.  

Indiscriminate Income Tax notices without allowing reasonable time

March 20, 2022 13332 Views 0 comment Print

In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry and CBDT that suitable steps should be taken so that adequate time is allowed for compliance and cases are not disposed of in a hurry, without giving adequate opportunity for the taxpayer to be heard. The […]

TDS obligations for Purchases of Goods in India

March 20, 2022 5457 Views 1 comment Print

1. Applicability of the TDS provisions @ 0.1% (i) It’s applicable from 1st July 2021 against the purchases of goods from Indian resident seller. (ii) It’s applicable where purchaser is purchasing of goods from Indian resident seller for minimum of Rs. 50 Lakhs during the Financial year (FY) ending on March 31, 2022 and also […]

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