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Archive: 21 June 2022

Posts in 21 June 2022

HC quashes order passed without considering reply to section 148A notice

June 21, 2022 825 Views 0 comment Print

The Petitioner has challenged the impugned order primarily on the ground that the Petitioner was issued with a notice under Section 148A of the Income Act, 1961 on 20.03.2022 and that the Petitioner has also replied to the same on 25.03.2022, which has also been acknowledged. However, the impugned order has wrongly recorded that the Petitioner has not responded.

S. 138 NI Act: Mere Undisputed Signatures on Cheque Not Sufficient For Conviction

June 21, 2022 8103 Views 0 comment Print

Parveen Mehta Vs Vishal Joshi (Punjab & Haryana High Court) HC held that undisputed signatures of the respondent on the cheque in itself is not sufficient for conviction under Section 138 of the Act. One of the ingredient for succeeding under Section 138 of the Act is that the cheque was issued for discharge of […]

Construction works contract services- 12% GST on annuity & early completion bonus

June 21, 2022 2298 Views 0 comment Print

In re ULCCS Calicut City Infrastructure Development Private Ltd (GST AAR Kerala) it is evident that the service rendered by the applicant as per the concession agreement is a continuous supply of works contract services and the annuity is in sum and substance is consideration for the works contract services rendered. Since the cost of […]

Two or more individual supplies in conjunction with each other for a single price is Mixed Supply

June 21, 2022 1902 Views 0 comment Print

In this case there are two or more individual supplies, supplied in conjunction with each other by a taxable person for a single price, which does not constitute a composite supply. Thereby, the supply satisfies all the pre-requisites to be termed as a Mixed Supply.

Referral commission paid to doctors is not allowable as Business expenditure

June 21, 2022 5097 Views 0 comment Print

ITAT held that Referral commission paid to doctors in Violation of the professional conduct is Not allowable as Business Expenditure.

No prudent man expected to keep record of sale proceeds of small amount

June 21, 2022 651 Views 0 comment Print

Mr. Mohan Sambhaji Jagthap Vs ACIT (ITAT Delhi) Appreciating the material on record it can be observed that the Tax Authorities have not doubted the assertion of the Assessee that the father in law was resident of Canada or he held land. When this fact is admitted, the Revenue needed to conduct some enquiry and […]

Section 68 addition valid if Assessee Fails to Prove Creditworthiness of Creditors

June 21, 2022 552 Views 0 comment Print

Sumo Advertises Pvt. Ltd. Vs ACIT (ITAT Delhi) A perusal of the assessment order reveals that during the course of the assessment proceedings, the Id. AO asked the appellant to establish the credits appearing in its books of account. However, no details were filed by the latter. As per the provisions of section 68, the […]

Penalty not imposable merely for making of a claim, which is not sustainable in law

June 21, 2022 480 Views 0 comment Print

Mere making of a claim, which is not sustainable in law, would not, ipso facto, amount to concealment of income or furnishing of inaccurate particulars of Income

Section 194C TDS not applicable on payments of EDC to HUDA

June 21, 2022 4380 Views 0 comment Print

Provisions of Section 194C are not applicable on payments to agencies like HUDA on behalf of the State Government. The imposition of penalty under Section 271C was consequently found to be unsustainable in the absence of default of Section 194C of the Act.

No section 269SS & 269T if reasonable cause for accepting/repaying loan in cash

June 21, 2022 1617 Views 0 comment Print

Sunil M. Bhide Vs Addl. CIT (ITAT Pune) It is seen from the penalty order that the assessee pleaded before the AO that he started construction of a commercial building on his plot. The construction work was halted because of paucity of funds. The said plot of land along with part construction was leased out […]

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