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Archive: 10 May 2022

Posts in 10 May 2022

NAA found medical retail store guilty of Profiteering

May 10, 2022 645 Views 0 comment Print

Respondent is engaged in selling of medicines from his retail stores. It is also revealed from the plain reading of Section 171 (1) supra that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second about the passing on the benefit of the ITC.

No provisions in CGST Act or rules to allow payment of profiteered amount in instalments

May 10, 2022 1353 Views 0 comment Print

There are no specific provisions in the CGST Act or rules, which provide for payment of determined profiteered amount in instalments.

No penalty for Anti-Profiteering infringement before 01.01.2020

May 10, 2022 423 Views 0 comment Print

Principal Commissioner Vs Rana Electronics and Home Appliances (National Anti-Profiteering Authority) In this case Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 […]

CBDT promotes 8 officers to the grade of CCIT

May 10, 2022 3345 Views 0 comment Print

Office Order No. 93 of 2022 Consequent upon approval of the Competent Authority, the following officers are, hereby, promoted to the grade of Chief Commissioner of Income Tax (CCIT) (level 16 in the pay matrix Rs. 2,05,400-2,24,400/-) for the panel year 2022 on in-situ basis w.e.f. the date of assumption of charge of the post by them and until further orders:

Tax on appreciation in value of foreign assets held by Insurance Companies consequent to devaluation of rupee

May 10, 2022 933 Views 0 comment Print

Understanding the tax implications of appreciation in the value of foreign assets held by Insurance Companies due to currency devaluation.

Section 56(2)(vii)(a) not applies to Sum received for giving up rights to contest the will

May 10, 2022 4587 Views 0 comment Print

K. V. Sridhar Vs ITO (ITAT Bangalore) Sec.56(2)(vii)(a) of Income tAx  Act  will apply only when any sum of money is received, without consideration, the aggregate value of which exceeds fifty thousand rupees. Admittedly, the assessee received the sum of Rs.1.60 Crores for giving up his rights over some of the items of the suit […]

Addition for amount received in earlier years cannot be made in subsequent years

May 10, 2022 2172 Views 0 comment Print

Imran Mohammed Iqbal Vs ITO (ITAT Ahmedabad) Considering the above facts, vis-à-vis the outstanding balance relating to M/s. Prakash Gold amounting to Rs. 12,05,026/-, the addition having been made finding it to be bogus, since the consistent finding of fact is that the transaction was entered into by the assessee with the said party not […]

In absence of Cross Examination, statements used against appellants has to be discarded

May 10, 2022 1068 Views 0 comment Print

It is well settled by decisions of Tribunals and higher forums that for cases of such alleged clandestine manufacture and clearances, fundamental criteria have to be established by the Revenue and there should be tangible evidence of clandestine manufacture and clearance of such goods and not undue inferences or unwarranted assumptions.

Section 154 Rectification order cannot be Passed on Debatable Issue

May 10, 2022 2760 Views 1 comment Print

Allied Agencies Vs ITO (ITAT Delhi) Hon’ble Apex Court in the case of TS Balaram Vs. Volkart Brothers 82 ITR 50 (SC) clearly held that a mistake apparent on the record must be an obvious and patent mistake and not something which has to be established by a long drawn process of reasoning on points […]

Section 12A(ab) mandates filing of application within 30 days

May 10, 2022 1362 Views 0 comment Print

Aspam Foundation Vs CIT (Exemption) (ITAT Delhi) 1. The Assessee herein has preferred the instant appeal against the order dated 31.01.2019 impugned herein passed u/s 12AA(1)(b) r.w.s. 12A of the Income Tax Act, 1961 (for short “the Act”), by ld. Commissioner of Income tax (Exemption), New Delhi (in short “Ld. Commissioner”). 2. In this case, […]

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