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Archive: 22 June 2022

Posts in 22 June 2022

Section 271(1)(c) penalty not leviable after deletion of Addition to Income

June 22, 2022 1890 Views 0 comment Print

Prajatantra Prachar Samity Vs DCIT (ITAT Cuttack) It is noticed that the Co-ordinate Bench of this Tribunal has already deleted the additions made in the quantum assessments on the basis of which penalty has been levied u/s.271(1)(c) of the Act for all the three assessment years, we are of the view that the penalty has […]

Income from technical handling services to other Airlines is exempt under Article 8 of India Netherlands DTAA

June 22, 2022 723 Views 0 comment Print

income from technical handling is exempt from taxation in India as the same is covered under Article 8 of the DTAA between India & Netherlands and hence not liable to tax in India.

In ‘Limited Scrutiny’ AO can only examine those issues for which case been selected

June 22, 2022 5256 Views 0 comment Print

Kintukumar Ambalal Patel Vs DCIT (ITAT Ahmedabad)  The issue raised by the assessee in additional ground is that the learned CIT-A erred in confirming the order of the AO by expanding the scope of limited scrutiny assessment to complete scrutiny without necessary approval. Ld. AR further claimed that the Assessing Officer has converted the “Limited […]

List of Professions that cannot opt for presumptive taxation scheme u/s 44ADA

June 22, 2022 66558 Views 7 comments Print

Discover which professions are not eligible for the presumptive taxation scheme under section 44ADA of the Income Tax Act.

Benefits of Gem Registration All You Need To Know

June 22, 2022 16152 Views 0 comment Print

Discover the benefits of GeM registration in India. Empower your small business with easy access to government buyers and boost your sales.

Application for Condonation of Delay in Filing of Appeal

June 22, 2022 100674 Views 0 comment Print

Learn about the Condonation of Delay application and its significance in legal proceedings. Find out how it can help in filing appeals and petitions.

Custom broker mandatorily needs to verify credentials of importers

June 22, 2022 990 Views 0 comment Print

Custom brokers are required to conduct all possible enquiries through independent reliable sources/ documents to verify the credentials of the clients. No such effort made by the appellant proves that they have failed to observe due diligence in this regard.

Agreement in writing is mandatory to allege waiver of right u/s 12(5) of A&C Act

June 22, 2022 2478 Views 0 comment Print

Conduct cannot impliedly waive the rights under Section 12(5) of the A&C Act. The waiver under Section 12(5) of the A&C Act has to be by an express agreement in writing.

Court directed urgent disposal of pending application u/s 11(5) & 11(6) for appointing arbitrators

June 22, 2022 570 Views 0 comment Print

The applications u/s. 11(5) and 11(6) of the Arbitration Act for appointment of arbitrators are kept pending for a number of years, it would defeat the object and purpose of the enactment of the Arbitration and Conciliation Act as well as the Commercial Courts Act.

Allegation of suppression cannot be alleged in case concerned officer had de-bonded the unit

June 22, 2022 1116 Views 0 comment Print

When the unit was de-bonded and no dues certificate was issued to the assessee, it was the duty of the officer, who gave no dues certificate to verify the contents whether any dues liability was pending against the assessee or he had correctly declared the true facts for de-bonding of unit. When the concerned officer had de-bonded the unit along with no dues certificate, allegation of suppression could not be alleged against assessee in this case.

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