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Archive: 20 June 2022

Posts in 20 June 2022

Analysis -Rule 86A–Conditions of use of amount available in Electronic Credit Ledger

June 20, 2022 6660 Views 0 comment Print

Please note that ITC once availed as per Section 16 (Rules thereto i.e. 36) is credited to Electronic Credit ledger of the registered person and can be utilized for payment towards output tax as provided in Section 49 of the CGST Act, 2017 subject to the conditions and restrictions mentioned in Rule 86A & 86B.

Section 194R of Income Tax Act: TDS on perquisites or benefits on business & professions 

June 20, 2022 6723 Views 0 comment Print

Understand the new TDS section 194R of Income Tax Act and its impact on perquisites or benefits on business and professions.

No section 271(1)(c) penalty for additions upheld on estimation basis

June 20, 2022 777 Views 0 comment Print

Jagubhai Chhaganbhai Patel Vs I.T.O (ITAT Surat) In this cases in quantum appeals assessee was granted substantial relief in deleting major part of additions and only part of capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld […]

Delay in filing of Form 10 – ITAT directs CIT(E) to re-­examine the reasons for failure

June 20, 2022 2811 Views 0 comment Print

Bhalchandra Educational Trust Vs CIT (Exemptions) (ITAT Lucknow) CBDT vide Circular No. 7/2018 dated 20/12/2018 has issued directions for condonation of delay u/s 119(2)(b) of the Act in filing of Form 10 and Form 9A for assessment year 2016-17. The analysis of directions of CBDT vide this circular reveals that since assessment year 2016-17 was the […]

No section 68 addition for Cost of purchase of penny stock shares

June 20, 2022 741 Views 0 comment Print

Hiralaxmi Ishwarlal Mehta Vs ITO (ITAT Mumbai) ITAT noted that the assessee already disclosed the bogus long term capital gain claim on sale of penny stock shares under income disclosure scheme. The sum so disclosed was Rs. 16,20,156/-. The cost of these shares was Rs. 30,673/- which was a component of the total sale proceeds […]

HC orders refund of demand adjusted in excess of 20% of disputed tax demands

June 20, 2022 1836 Views 0 comment Print

Goel Road Carriers Private Limited Vs ACIT (Delhi High Court) HC noted the fact that refund has been adjusted against the outstanding tax demand by the Authority without following the due procedure prescribed under Section 245 inasmuch as no notice or opportunity of pre-decisional hearing had been provided to the petitioner prior to such adjustment […]

Section 269SS & 269T not applicable to Cash Payment/receipt for purchase of land

June 20, 2022 3834 Views 0 comment Print

Rajesh Vitthal Badade Vs JCIT (ITAT Pune) It is found as an admitted position that the AO recorded statement of Mr. Sampat G. Mandhare and Mrs. Dropadabai Fakirrao Harpale, who had given sum of Rs. 5.00 lakh and Rs.7.00 lakh respectively to the assessee as advance for purchase of the land. Here it is relevant […]

No Deemed Dividend If Loans & Advances in Normal Business benefits both Payer & Payee

June 20, 2022 786 Views 0 comment Print

ITAT held that where loans and advances are given in normal course of business and transaction in question benefits both payer and payee companies, provisions of section 2(22)(e) cannot be invoked.

Section 194R TDS on benefits/perquisites provided in the course of business

June 20, 2022 4935 Views 1 comment Print

Understand the implications of Section 194R TDS on benefits and perquisites in business. Learn about the rates, thresholds, and deductions.

Voluntary statements cannot constitute pre-show cause notice consultation

June 20, 2022 852 Views 0 comment Print

Voluntary statements cannot constitute pre-show cause notice consultation as envisaged in the paragraph 5 of the 2017 Master Circular.

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