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Archive: 02 May 2022

Posts in 02 May 2022

GST on construction of rail infrastructure facilities

May 2, 2022 3435 Views 0 comment Print

In re Triveni Engicons pvt ltd (GST AAR Chhattisgarh) What is the rate of tax for the workers like contract of goods and services? i. For the proposed feeder line of East West Rail Corridor within the leasehold boundary of project for coal evacuation through Rail at Gevra Opencast of Gevera Area of SECL the […]

How to determine Cost Audit & Cost Records Maintenance applicability for reporting in Director’s Report & CARO

May 2, 2022 13494 Views 0 comment Print

All of us have started experiencing the heat towards the compliance mechanisms being put up by the statutory/regulatory authorities. As the Cost Records and GST records both use the HSN codes for reporting purposes, leniency in the maintenance of cost records or missing out on getting the cost audit conducted can cost a lot to the organisations.

Section 80JJAA deduction eligible on salary to software engineers not employed in supervisory role

May 2, 2022 2664 Views 0 comment Print

OnMobile Global Ltd. Vs ACIT (ITAT Bangalore) Section 80JJAA of the Act allows for deduction of additional wages paid to new workmen for an industrial undertaking. While the term “industrial undertaking” has not been defined in section 80JJAA of the Act, it has been defined in other provisions of the Act; like section 10(15) and […]

Section 68 addition cannot be made merely for meager income shown by Investor Companies

May 2, 2022 1752 Views 0 comment Print

Merely because the Investor Companies have shown meager income during the impugned assessment year, the same in my opinion, cannot be a ground to doubt the creditworthiness of the said company especially when the said company is having sufficient funds in its account in shape of share capital and free reserves.

TDS not deductible on expenses in maintenance of horses, transportation & contribution to welfare funds

May 2, 2022 1659 Views 0 comment Print

Mysore Race Club Limited Vs ACIT (ITAT Bangalore) The Income Tax Act prescribes deduction of tax at source u/s 192 to 195 of the Act. The assessee would be liable to deduct tax at source only in respect of payments which are covered by above said sections. The case of the assessee is that it […]

Electronic data cannot be relied upon in absence of requisite certificate

May 2, 2022 4179 Views 0 comment Print

Hon’ble Supreme Court held that certificate under Section 65B (4) of The Indian Evidence Act, 1872 is a condition precedent to the admissibility of evidence by way of electronic record as S. 65B (4) of The Indian Evidence Act, 1872 is a mandatory.

No section 271(1)(c) penalty on additions deleted by ITAT

May 2, 2022 1269 Views 0 comment Print

Where additions have been deleted by  Tribunal in quantum proceedings, penalty under section 271(1c) levied by AO not sustainable

Cash Transactions between Trust & Managing Trustee not attracts Section 269SS

May 2, 2022 16626 Views 0 comment Print

Akash Education & Development Trust Vs Addl. CIT (ITAT Bangalore) In the present case, the assessee is a registered society u/s. 12AA of the Act and its income is exempt u/s. 11 of the Act. The assessee in the stage of establishment of educational institution has undertaken the construction activity of building for the purpose […]

Initiation of Criminal Proceedings by suppressing facts by I-T Dept is abuse of power

May 2, 2022 1080 Views 0 comment Print

Suppression of material facts, intentional suggestion of falsehood and non-application of mind goes to show that, this is a malicious prosecution initiated by the Income Tax authorities by abusing the power. When the malafide is patently manifested, the petitioners need not be forced to undergo the ordeal of trial, which has no legs to stand.

Entire purchases cannot be held as bogus – ITAT upheld addition of 17%

May 2, 2022 2940 Views 0 comment Print

DCIT Vs Shoreline Hotels Pvt. Ltd. (ITAT Mumbai) In these cases, the AO reopened the assessment order passed u/s 143(3) of the Act, on the basis of information received from the DGIT (Inv.) Mumbai to the effect that during the previous year the assessee had obtained fake purchase bills from bogus parties who used to […]

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