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Archive: 24 April 2022

Posts in 24 April 2022

Section 234B & 234C Interest not leviable on additional income taxable due to unanticipated event

April 24, 2022 4623 Views 0 comment Print

Interest under section 234B and 234C is not leviable since it was not possible for the appellant to anticipate the events that were to take place in the next financial year and pay advance tax on the basis of those anticipated events.

Section 271(1)(c) penalty order not sustainable if AO not mentioned specific charge

April 24, 2022 1545 Views 0 comment Print

Pradeep Sugamchand Kawadiya Vs ITO (ITAT Ahmedabad) The short point involved in this case as to whether the penalty is sustainable when the same has been initiated and levied without specifying the alleged guilt committed by the assessee either for concealment of income or furnishing of inaccurate particulars of income. Brief facts leading to this […]

Discretionary Power to grant Stay under Telangana VAT Act must be exercised in a Fair & Judicious Manner

April 24, 2022 810 Views 0 comment Print

Access Tough Doors P. Ltd. Vs Additional Commissioner ST (Telangana High Court) Section 31(1) of the TVAT Act deals with appeal to appellate authority. Sub-Section (1) enables filing of such appeal by an aggrieved dealer. As per second proviso thereto, such an appeal shall not be admitted by the appellate authority unless the dealer produces […]

Only Minor penalty imposable for Bonafide mistake in date on e-way bill

April 24, 2022 1755 Views 0 comment Print

Greenlights Power Solutions Vs State Tax Officer (Kerala High Court) Revenue found a mistake in the format in the date in respect of the e-way bill and hence the petitioner was imposed with an amount of Rs.27,540/- as tax and a penalty of Rs.27,540/-. The said final order is challenged in this writ petition. Petitioner […]

CESTAT upheld admissibility of CA certificate along with original sale invoice- Allows SAD Refund

April 24, 2022 1098 Views 0 comment Print

M/s Sim Enterprises Vs Commissioner of Customs (Export) (CESTAT Mumbai) Mismatch of description of goods in the import document and subsequent sale invoices that form the sole ground of rejection of refund claim of 4% SAD by the refund sanctioning authority that was confirmed by the Commissioner of Customs (Appeals) is assailed in this appeal. […]

Sharp monitors are correctly classifiable under heading 8528

April 24, 2022 1896 Views 0 comment Print

In re Sharp Business Systems (India) Pvt. Ltd. (CAAR Delhi) M/s Sharp Business Systems (India) Pvt. Ltd., First Floor, Plot No. 51, Okhla Industrial Area, Phase-3, Near Modi Mill, New Delhi-110020, a private limited company having IEC number 0500002941 and PAN AAECS2980A (M/s Sharp, in short), has filed an application dated 17.07.2019 seeking advance ruling […]

CA Certificate of Stock valuation cannot be ignored without any reliable contra evidence

April 24, 2022 4053 Views 0 comment Print

Kumaka Industries Ltd Vs C.C.E. (CESTAT Ahmedabad) We find that there is no dispute on the facts that entire stock of product “Ethyl Alcohol” manufactured in one unit was transferred to its sister unit under Invoices on payment of excise duty. The sister unit had taken credit of duty paid and Captively used the said […]

Section 54F exemption against sale of jewellery, acquisition of which was unproved- ITAT upheld additions

April 24, 2022 2559 Views 0 comment Print

Kiran Bala Gupta Vs DCIT (ITAT Hyderabad) During the course of scrutiny assessment proceedings, it was observed by the learned AO that the assessee has declared long term capital gains of Rs.31,29,215/- towards sale of jewellery and claimed deduction u/s 54F of the Act against investment made in construction of house. Assessee was asked to […]

HC ask dept to impose Minor Penalty for Mistake in Address in E-Way Bill

April 24, 2022 3597 Views 0 comment Print

Technosteel Infraprojects Pvt. Vs The State Of Madhya Pradesh (Madhya Pradesh High Court) A tax invoice was generated which reflected the destination as well as the registration number of the vehicle which has been brought on record as Annexure P/3. Thereafter, the petitioner generated E-way bill which is required to be carried along with the […]

AO not expected to interfere in decision making process of assessee

April 24, 2022 1215 Views 0 comment Print

M/s. Akik Tiles Pvt. Ltd. Vs JCIT (ITAT Ahmedabad) There is no ambiguity to the fact that the AO is not expected to interfere in the decision making process of the assessee. In the business environment, there are certain decision which are taken by the assessee depending upon the market forces. However, the primary onus […]

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