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Archive: 18 May 2022

Posts in 18 May 2022

ITAT explains Cancellation of section 12AA registration post amendment by Finance Act, 2021

May 18, 2022 2685 Views 0 comment Print

S.R.Trust Vs PCIT (Madras High Court) ITAT held that procedure of cancellation of the registration already enjoyed either under 12A regime or 12AA regime in the case of the petitioner, in view of the new regime having been introduced, shall take place only after disposing the application made by the trust or institution, under the […]

No addition on the basis of bank account disowned by appellant

May 18, 2022 1263 Views 0 comment Print

Asha Saini Vs ITO (ITAT Delhi) It is not a case of the Assessing Officer that the assessee was the ultimate beneficiary of the amounts deposited in the bank account. Hand-writing expert report dated 2.12.2017 and copy of FIR available at assessee’s paper book clearly reveals that the hand-writing expert clearly opined that the disputed and […]

Service Tax not payable on assistance rendered to farmers in auctioning their agricultural produce

May 18, 2022 657 Views 0 comment Print

CESTAT held that the assistance rendered by the appellants to their member farmers in auctioning their agricultural produce does not tantamount to rendering any service classifiable under ‘Auctioneers’ Service’.

HC Directs Dept to consider GST refund application on merits

May 18, 2022 1320 Views 0 comment Print

Heatworks Private Limited Vs Assistant Commissioner, State Tax (Calcutta High Court) In this writ petition, petitioner has challenged the impugned order dated January 18, 2022 passed by the respondent-GST authority rejecting the claim for refund to the petitioner on the ground of limitation. Learned advocate for the petitioner submits that the impugned order of rejection […]

Section 271(1)(c) penalty not leviable for mere denial of section 54F Deduction

May 18, 2022 900 Views 0 comment Print

Vikram Kalra Vs ACIT (ITAT Delhi) It is the case of the assessee that the provisions of Section 54F are beneficial in nature and the Courts have always accorded liberal interpretation and a small delay of few days have been condoned for the eligibility purposes. Even otherwise, in these circumstances, the imposition of penalty on […]

Interest/dividend from Co-Op Bank eligible for section 80P deduction

May 18, 2022 4440 Views 0 comment Print

Indian Bank Employees Cooperative Credit Society Limited Vs ITO (ITAT Mumbai) Brief facts are that the assessee is The Indian Bank Employees Cooperative Credit Society Limited. On perusal of the profit and loss account and the computation of income, the Assessing Officer observed that the assessee has offered net income from business and profession at […]

Tax Recovery: Property cannot be attached without ascertaining its Ownership

May 18, 2022 1716 Views 0 comment Print

Pravin Talakshibhai Kotak Vs PCIT (Gujarat High Court) HC held that  Principal Commissioner shall look into all documents which are on record and take an appropriate call as regards the attachment of the property-in-question. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT By this writ application under Article 226 of the Constitution of India, […]

Delhi HC directs VAT Dept to Switch to Online Mechanism for Speedy Adjudication

May 18, 2022 792 Views 0 comment Print

Delhi High Court directs timely adjudication of objections on default tax assessment. Create an online portal, warns against delay. Read the judgment details.

Mere Third parties’ records cannot be basis for clandestine removal

May 18, 2022 1008 Views 0 comment Print

Mere entries in third parties’ records of Transporters and brokers cannot be basis for clandestine removal. It is settled law that documents recovered from a third party can be used against the manufacturer to prove clandestine removal only when these are supported with corroborative evidences.

Provision for obsolete stock allowed as deduction

May 18, 2022 15180 Views 0 comment Print

Provision for obsolete stock be allowed as deduction subject to satisfying himself that valuation is done based on principle that at cost or market price or net realizable value, whichever is less.

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