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Archive: 17 April 2022

Posts in 17 April 2022

Difference between books & Form 26AS: Only embedded profit can be added to income

April 17, 2022 4659 Views 0 comment Print

Purna Chandra Rout Vs ITO (ITAT Delhi) In case of the difference between the Assessee’s books of account and as per Form No. 26AS, then on the said difference, only embedded portion of the profits is to be taken into consideration and the addition is to be made thereon but entire turnover cannot be added […]

Gujarat HC warns GST Department against issuing Vague GST Registration cancellation Order

April 17, 2022 3567 Views 0 comment Print

To issue a writ in the nature of certiorari and or any other appropriate writ, order or direction quashing and setting aside order dated 29.03.2022 made by State Tax Officer, Ghatak 1, Ahmedabad cancelling the Goods and Service Tax Registration of petitioner, and direct restoration or revival of registration of the petitioner firm;

Grant of leave by tribunal to file a miscellaneous application without considering its maintainability was improper

April 17, 2022 612 Views 0 comment Print

Gammon India Limited Vs Sales Tax Officer (Calcutta High Court) Black’s Law Dictionary defines the word ‘set aside’ to mean annul or vacate. Thus, the word ‘setting aside’ used in clause (a) of the said Regulation necessarily means that a party to a proceeding before the tribunal can file a miscellaneous application praying for annulment […]

Interest on Refund of excise duty amount Deposited During Investigation allowable from the date of deposit @ of 12%

April 17, 2022 2991 Views 0 comment Print

Green Valley Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The brief facts related to the case at hand are that the Appellant had succeeded in its appeal before this Tribunal vide FO 75527/2020 dated 22/10/2020 which had resulted in refund of Rs.78,16,265/-which was deposited by the Appellant during the investigation proceedings before […]

ITAT refuses to condone delay in Appeal filing as reasons not supported by any evidence

April 17, 2022 507 Views 0 comment Print

Arjun Chemicals Pvt. Ltd Vs DCIT (ITAT Chennai) The ld. Senior DR stated that the assessee has not elaborated how the assessee’s health condition was not viable for filing of appeal or there is no supporting evidence for the reason that the assessee’s health condition was not proper. Hence, he stated that the delay of […]

Full address of buyer not mentioned on Invoice: HC order release of Goods & Vehicle on payment of 25% of Penalty

April 17, 2022 1095 Views 0 comment Print

RKS Agencies Vs State Tax Officer (Madras High Court) The petitioner purchased goods called cement from Andhra Pradesh, whereas, the petitioner is having the Branch office at Coimbatore which is the destination where the purchased goods has to reach. When the goods were transported, the vehicle was intercepted by the respondent Revenue Squad and they […]

Service by foreign entity will not fall under definition of ‘Telecommunication Service’

April 17, 2022 423 Views 0 comment Print

Tribunal held that the foreign service provider being not covered under the term ‘Telegraph Authority’, the service provided by them will not fall under the definition of ‘Telecommunication Service.

Rental income not received by assessee cannot be brought to tax

April 17, 2022 1803 Views 0 comment Print

The assessee categorically denied receipt of rent over and above what is reflected in its books of accounts. Nothing has been brought on record to contradict the version of the assessee either by the learned AO or by the learned CIT(A). We, therefore, hold that rental income which has not been received by the assessee cannot be brought to tax.

Assessee not permitted to abandon Income Tax assessment/reassessment machinery  

April 17, 2022 1389 Views 0 comment Print

Gulmuhar Silk Pvt. Ltd. Vs ITO (Delhi High Court) Though it is the petitioner’s case that the impugned order is erroneous on facts, yet this Court is of the opinion that the petitioner would have ample opportunity during the course of proceedings before different statutory forums to show that the finding of fact arrived at […]

Substantial evidence needed to prove allegation of non-re-warehousing of goods

April 17, 2022 516 Views 0 comment Print

Faizan Texturising Vs C.C.E. Bharuch (CESTAT Ahmedabad) Facts-The appellant is a 100% EOU engaged in the manufacture of Polyester Texturised Yarn and Polyester Twisted Yarn. Their factory was visited by the officers on 21.04.2003, who conducted various checks and verifications. As a result, shortage of 7618 kg. imported raw material viz. “Bright Polyester Spin Draw […]

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