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Archive: 20 June 2022

Posts in 20 June 2022

No penalty for not offering Salary Income for Taxation due to oversight

June 20, 2022 207 Views 0 comment Print

We note that the assessee did not suppress the fact that no income incurred as such, but however it is reflected in Form 26AS data which is otherwise a salary data and TDS deductions are available for examination to the AO.

Penalty cannot be imposed by Corrigendum to Original Order

June 20, 2022 5973 Views 0 comment Print

Corrigendum to an Order in Original can be issued only for correcting typographical errors. A corrigendum cannot be used to cover up the main part or main issue that has to be adjudicated.

No section 194H TDS on discounts on transfer of pre-paid SIM cards/talk time

June 20, 2022 450 Views 0 comment Print

ITAT held that tax withholding provisions under section 194H would not be applicable to discounts extended to pre-paid SIM distributors on transfer of pre-paid SIM cards/talk time.

Revision order invalid if Original Assessment completed with adequate Inquiry & Examination

June 20, 2022 204 Views 0 comment Print

Sujit Kumar Dey Vs ACIT (ITAT Kolkata) The assumption of jurisdiction u/s 263 of the Act by ld. PCIT has been challenged before us by the assessee. Before we advert to the facts and law involved in this issue before us, let us revisit the law governing the issue before us. The assessee has challenged […]

One Day Delay to reply SCN cannot led to closure of right to file a reply

June 20, 2022 732 Views 0 comment Print

Court is of the view that the delay of one day in asking for an adjournment should not have led to closure of the right to file a reply to the Show Cause Notice.

Amendment to Income Tax Section 36(1)(va) & 43B are prospective in nature

June 20, 2022 2064 Views 0 comment Print

PBN Constructions (P) Ltd Vs ACIT (ITAT Kolkata) ITAT direct the A.O. to delete the addition and hold that the Amendment brought in Finance Act 2021 w.e.f. 01.04.2021 by inserting an Explanation to section 36(1)(va) and section 43B of the Act is prospective in nature and would apply from AY 2021-22 onwards. FULL TEXT OF […]

Reassessment quashed by HC for Non-Consideration of Objection

June 20, 2022 1218 Views 0 comment Print

Impugned order under clause (d) of Section 148A of the Act was issued on April 1, 2022 without taking the petitioner’s response to the initial notice into consideration.

CENVAT Credit eligible on Insurance Services incurred for Employee

June 20, 2022 342 Views 0 comment Print

Every industry under statutory norms required to take group Medi-claim Insurance, Group personal accident insurance, insurance, motor car/vehicle insurance etc. from the insurance companies for which the payment of premium is paid by the assessee and the same is accounted in their books of accounts as expenditure.

Conditions for claiming input tax credit under GST

June 20, 2022 16794 Views 0 comment Print

Sec 16 of CGST act provides some conditions, input tax credit can only be claimed after fulfilling these conditions: The said goods or services or both are used or intended to be used in the course or in the furtherance of business.

limitation applies to application filed under Section 95 of IBC, 2016

June 20, 2022 4809 Views 0 comment Print

Bank of Baroda Vs Rajiv Rai (NCLT Chennai) Section 238A of IBC, 2016 applies to the entire provisions of IBC, 2016 and as such Article 136 of the Limitation Act, 1963 also applies to an Application filed under Section 95 of IBC, 2016. In the said circumstances, as per Section 3 of the Limitation Act, […]

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