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Archive: 07 April 2022

Posts in 07 April 2022

HC quashes Reassessment Notice as reasons not existed on the date of notice

April 7, 2022 1584 Views 0 comment Print

Ashika Credit Capital Limited Vs Union of India And Ors. (Calcutta High Court) Mr. Roy Chowdhury, learned advocate appearing for the Revenue was asked to produce the record to establish that the recorded reasons were existing at the time of issuance of impugned notice under Section 148 and initiation of impugned assessment proceeding under Section […]

Mere charging of fees to defray the administrative costs not makes a Trust non-charitable

April 7, 2022 855 Views 0 comment Print

CIT (Exemptions) Delhi Vs India Hiv Aids Alliance (Delhi High Court) Assessee is a company registered under Section 25 of the Companies Act. It gives 85% of the donation received by it to the Government of India for HIV Aids and only 15% of its total donation is given to other societies for awareness and […]

ITAT deletes penalty as quantum additions itself been deleted

April 7, 2022 1290 Views 0 comment Print

ACIT Vs M/s. Aerens Buildwell Ltd. (ITAT Delhi)  As noticed, the Tribunal in the quantum proceedings has reversed the action of the Revenue. It is trite that penalty under Section 271(1)(c) is not automatically attracted merely because it is lawful to do so. The penalty is not ordinarily to be imposed unless assessee obliged in […]

Revisional Jurisdiction cannot be invoked merely because AO not mentioned reason for accepting explanation of assessee

April 7, 2022 1023 Views 0 comment Print

Reliance Payment Solutions Limited Vs PCIT (ITAT Mumbai) ITAT held that as long as the action of the Assessing Officer cannot be said to be lacking bonafides, his action in accepting an explanation of the assessee cannot be faulted merely because it could have been lawful to make mere detailed inquiries or because he did […]

HC grants immunity as in Section 270A Penalty notice AO failed to specify the limb under which Penalty was levied

April 7, 2022 10185 Views 0 comment Print

Schneider Electric South East Asia (HQ) PTE Ltd Vs ACIT (Delhi High Court) Mere mention of ‘misreporting’ for denying immunity from penalty, manifestly arbitrary; Notice without ‘specific limb’, unreasonable Delhi High Court allows Schneider Electric’s writ petition, quashes order rejecting immunity under Section 270AA(4) and directs Revenue to grant immunity from penalty under Section 270A; […]

अब म्यूचुअल फंड पर भी लगा क्रिप्टोकरेंसी का तड़का

April 7, 2022 1857 Views 0 comment Print

एक तरफ सरकार डिजिटल असेट जैसे क्रिप्टोकरेंसी, आदि जुए, सट्टे के प्रारुप को कानूनी मान्यता नहीं देने की बात कह रही है तो दूसरी तरफ इससे होने वाली आय पर टैक्स लेकर कानूनी मान्यता देने तैयार है और अब म्यूचुअल फंड को परमीशन दी जा रही है कि वो इन जुए सट्टे प्रारुप आभाषी मुद्रा […]

How to add an additional place of business under GST

April 7, 2022 47043 Views 2 comments Print

Learn how to add an additional place of business under GST registration. Follow easy steps to register warehouses and ensure compliance with e-way rules.

What is Form INC 20A in ROC Compliances

April 7, 2022 5490 Views 0 comment Print

What is Form Form INC -20A? eForm INC-20A is required to be filed pursuant to Section 10A(1)(a) of the Companies Act, 2013 and Rule 23A of the Companies (Incorporation) Rules, 2014. The purpose of the form is Declaration prior to the commencement of business or exercising borrowing powers. What is Section 10A? A Company shall […]

SC Explains Principle of utmost good faith

April 7, 2022 4788 Views 0 comment Print

Oriental Insurance Company Limited Vs Mahendra Construction (Supreme Court of India) BRIEF FACTS: 1. This appeal arises from a decision rendered by the National Consumer Disputes Redressal Commission (“NCDRC”) on 19 September 2018. The NCDRC partly allowed the appeal filed by the insurer against a decision of the State Consumer Disputes Redressal Commission (“SCDRC”) dated […]

HC allows Refund of unutilized ITC accumulated on account of inverted tax structure on Bulk Gas

April 7, 2022 3516 Views 0 comment Print

Shivaco Associates & Anr. Vs Joint Commissioner of State Tax, (Calcutta High Court) The petitioners claim refund in accordance with Section 54(3) of the CGST Act, 2017 on the ground that credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies. Admittedly, the rate of […]

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