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Archive: 22 June 2022

Posts in 22 June 2022

Assessment order on issue other than reasons recorded for reopening is unsustainable

June 22, 2022 5880 Views 0 comment Print

Assessment framed by the AO is on other issues which is not part of the reasons recorded for reopening the assessment. In such a situation, the assessment order is not sustainable in the eye of law.

SEBI (Employees’ Service) (Second Amendment) Regulations, 2022

June 22, 2022 954 Views 0 comment Print

These regulations may be called the Securities and Exchange Board of India (Employees’ Service) (Second Amendment) Regulations, 2022.

Principle of Peak Credit- Entire Cash Deposit cannot be Treated as Income without considering withdrawal

June 22, 2022 4260 Views 0 comment Print

Sagar Navinchandra Chande Vs I.T.O (ITAT Rajkot) Admittedly, there was cash aggregating to Rs. 11,54,350/- deposited in the bank account of the assessee which was treated as income from undisclosed sources by the lower authorities. The assessee before the leaned CIT-A explained the amount of cash deposit represent amount deposited by the customer to whom […]

No section 271(1)(b) Penalty Unless Conduct of Assessee Is Contumacious

June 22, 2022 1146 Views 0 comment Print

Krishan Kumar Goel Vs DCIT (ITAT Delhi) AO has made additions and computed the income at Rs.1,88,85,961/-. Nowhere in the order of the AO there is any whisper that AO is not satisfied by the compliance by the assessee to his notices or queries. Now, the same AO has passed the above said penalty order. […]

No section 40(a)(ia) disallowance for shortfall in TDS due to difference of opinion

June 22, 2022 1224 Views 0 comment Print

Shree Sita Edibles Ltd. Vs ITO (ITAT Raipur) ITAT find that the issue involved in the present appeal lies in a narrow compass, i.e., as to whether or not, a short deduction of tax at source by the assessee would call for triggering the provision of Sec. 40(a)(ia) of the Act for disallowing the amount […]

Sternal Buildcon guilty of not passing ITC benefit to 112 customers: NAA

June 22, 2022 735 Views 0 comment Print

Parveen Kumar Bansal Vs Sternal Buildcon Pvt. Ltd. (NAA) Authority finds and determines that the Respondent has profiteered by an amount of Rs. 42,21,321/- for the project `Signum 36′ during the period of investigation i.e. 01.07.2017 to 30.06.2019. The above amount that has been profiteered by the Respondent from his shop buyers/ recipients of supply […]

No anti profiteering if project started after GST implementation w.e.f. 01.07.2017

June 22, 2022 927 Views 0 comment Print

Sh. Ritesh Kumar Khandelwal Vs Forever Buildtech Pvt. Ltd. (NAA) Authority finds that the allotment of units, agreements, booking, construction activity and receipt of payments had taken place in the post-GST era. The draw of lots for allotment of houses was conducted on 05.07.2017 in the presence of the committee constituted under the Affordable Housing […]

Section 154 cannot be invoked for Applicability of section 14A to section 115JB provisions

June 22, 2022 663 Views 0 comment Print

DCIT Vs Jammu Pigments Ltd. (ITAT Delhi) Assessing Officer initiated proceeding under section 154 of the Act to make the disputed disallowance while computing the book profit and ultimately did so. Therefore, it is evident, the 154 proceeding was at the behest of the Revenue audit. Applicability of section 14A read with Rule 8D to […]

Section 147/143(3) Assessment is null & void in absence of service of Section 148/143(2) notice

June 22, 2022 2493 Views 0 comment Print

ITAT held that the absence of service of notice u/s 148/143(2) of the Act, reassessment framed u/s 147 r.w.s 143(3) of the Act will be null and void.

GST paid before ITR Filing due date but after ITR filing allowable- Section 43B

June 22, 2022 2706 Views 0 comment Print

Padagouda Hanamanthgouda Patil Vs ACIT (ITAT Bangalore) ITAT noticed that assessee has filed his return of income on 15.10.2018. However, it is the submission of the assessee that the GST amount cited above was paid on 16.10.2018. Hence by the time, the return of income was filed, the assessee has not paid the GST amount […]

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