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Archive: 16 June 2022

Posts in 16 June 2022

Assessment order Passed without allowing Assessee to File Objection is Invalid

June 16, 2022 579 Views 0 comment Print

Jindal Exports And Imports Private Limited Vs DCIT (Delhi High Court) Impugned assessment orders are liable to be set aside as the Petitioner was not given adequate opportunity to file response to the said show cause notice-cum-draft assessment orders. Consequently, as there has been a violation of principle of natural justice, the impugned assessment orders […]

Belated Quarterly TDS Return filing- Section 234E late Fees Payable

June 16, 2022 1272 Views 0 comment Print

Superintendent of Jails Vs ITO (ITAT Visakhapatnam) It is noted that the TDS quarterly returns were filed belatedly after 1/6/2015 ie., the date of insertion of section 200A by Finance Act, 2015 w.e.f 1/6/2015. Therefore, on merits, we have no hesitation to come to a conclusion that the late fees levied by the Ld.AO is […]

Section 271(1)(c) Penalty not leviable on Income suo moto declared during survey

June 16, 2022 1419 Views 0 comment Print

Prakash Mithalal Oswal Vs ITO (ITAT Pune) It is found that the reported income and the assessed income of the assessee remain same except for minor disallowance of expenses. The AO has imposed penalty only with reference to the amount of Rs.50.00 lakh and odd which was suo motu declared by the assessee in the […]

No denial of Foreign Tax Credit For Mere Delay In Filing of Form No. 67

June 16, 2022 3393 Views 0 comment Print

ITAT held that Assessee has vested right to claim Foreign Tax Credit (FTC) under the tax treaty, the same cannot be disallowed for mere delay in compliance of a procedural provision, that is ‘delay in filing Form No.67’. 

Section 271(c) penalty not imposable on Deletion of 54F Disallowance

June 16, 2022 393 Views 0 comment Print

Impugned Section 271(c) penalty has arisen in consequence to the lower authorities action disallowing the assessee’s section 54F deduction claim. And in assessee’s quantum appeal ITAT has already deleted the foregoing 54F disallowance and therefore, penalty in issue herein has no legs to stands as a necessary corollary.

Heads I win, tails you lose – IBC law overrides Income Tax provisions

June 16, 2022 10626 Views 0 comment Print

High Court held that IBC law overrides Income Tax law. The assessment proceedings initiated by the Income Tax Department for the assessment year which is covered by the date of resolution plan approved by the NCLT is not permissible as per IBC and hence, notices issued during the said period are liable to quashed.

DPT-3 Return of Deposits – FAQS – Last date to file 30.06.2022

June 16, 2022 13407 Views 0 comment Print

Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit (exempted deposits) or both by every company other than the companies mentioned above. Such deposits and exempted deposits that are outstanding as on 31.03.2022, needs to be reported.

Recovery of Interest Without Adjudication Under GST

June 16, 2022 35934 Views 2 comments Print

Understand the recovery of interest without adjudication under GST. Learn about the provisions and procedures for tax recovery in the CGST Act.

Procedure for Reporting Transfer of Share between Resident to Non- Resident

June 16, 2022 23490 Views 1 comment Print

Learn how to report the transfer of shares between a resident and non-resident as per the Foreign Exchange Management Act and Regulations.

CESTAT allows refund of Service Tax Paid on Ocean Freight

June 16, 2022 1248 Views 0 comment Print

Asiatic Drugs & Pharmaceuticals Pvt Ltd Vs Commissioner CGST (CESTAT Delhi) The issue in this appeal is whether the refund claim of the appellant-asseesse have been rejected which was collected on ocean freight. CESTAT find that the transaction value for Custom duty and Excise duty (CVD), includes the ocean freight, and accordingly I hold that […]

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