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Archive: March, 2022

Posts in March, 2022

Request for extension of Time Barring Date for Faceless Assessment

March 16, 2022 7944 Views 0 comment Print

Income Tax Gazetted Officers Association has made a request to Honourable Finance Minister for extension of the Time Barring Date for certain proceedings exercising the power vested in the GOI Income Tax Gazetted Officers Association President ARAVIND TRIVEDI (7599101090) trivediaravind@yahoo.co.in Secretary General BHASKAR BHATTACHARYA (8902198888) secgenitgoachq@gmail.com Date: 10.03.2022. To The Honourable Finance Minister, Government of […]

Mere digitally signing the notice is not the issuance of notice

March 16, 2022 6870 Views 2 comments Print

Daujee Abhushan Bhandar Pvt. Ltd Vs Union of India (Allahabad High Court) Considering the provisions of Section 282 and 282 A of the Act, 1961 and the provisions of Section 13 of the Act, 2000 and meaning of the word “issue” we find that firstly notice shall be signed by the assessing authority and then […]

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

March 16, 2022 9732 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 8565 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 20829 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 14727 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 6549 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 1716 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 20880 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 11718 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.

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