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Archive: 22 June 2022

Posts in 22 June 2022

Article 20 & Section 6 of General Clauses Act cannot applied to terms & conditions of a non statutory contract

June 22, 2022 1467 Views 0 comment Print

Drillmec S.P. A Vs Oil India Ltd. (Guwahati High Court) HC observed that provisions contained in Article 20 of the Constitution of India and Section 6 of the General Clauses Act, 1897 cannot be readily read into and applied to as the terms and conditions of a non-statutory contract. FULL TEXT OF THE JUDGMENT/ORDER OF […]

No Penalty If Cause of Action Itself Does Not Survive

June 22, 2022 636 Views 0 comment Print

Rakesh Kumar Tibra Vs Commissioner of Central Goods (CESTAT Delhi) In view of the Final Order of this Tribunal dated 3.5.2019, in the case of Lucky Tobacco Co. Ltd. and Others, arising from the same impugned order-in-original, we find that the cause of action against these appellants also does not survive. In this view of […]

Guidelines – Section 194S TDS on payment for virtual digital asset

June 22, 2022 16827 Views 0 comment Print

Section 194S mandates a person, who is responsible for paying to any resident any sum by way of consideration for transfer of a virtual digital asset (VDA), to deduct an amount equal to 1% of such sum as income tax thereon.

Section 40(a)(ia) Disallowance justified for failure to deduct section 194A TDS

June 22, 2022 471 Views 0 comment Print

Swaraj Builders Vs ITO (ITAT Raipur) Assessee had failed to comply with the mandate of law and had failed to deduct tax at source u/s.194A of the Act on the aforesaid amount of interest payment of Rs.7,46,025/-. Accordingly, the A.O had disallowed the amount of Rs.7,46,025/-u/s.40(a)(ia) of the Act which was thereafter, upheld by the […]

Expenses reimbursed to CA Firm not subject to Service Tax

June 22, 2022 1119 Views 0 comment Print

RMA & Associates Vs Principal Commissioner of Service Tax (CESTAT Delhi) The appellant was engaged in providing chartered accountant services. The dispute in the present appeal is regarding the non-payment of service tax on the amount representing reimbursement of expenses like conveyance, travelling and mobile expenses. The issue, in respect of reimbursable expenses has been […]

Late deposit of employees’ contribution of PF deposited before due date of filing ITR allowable

June 22, 2022 1449 Views 0 comment Print

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) The facts in the present case shows that form number 3CD where the statement of particulars required to be furnished u/s 44AB of the income tax act 1961 are prepared by the assessee and is not an audit report. Form number 3CA is […]

Section 50C not applies to transfer of Leasehold Right in Land or Building or both

June 22, 2022 7566 Views 1 comment Print

As section 50C applies only to a capital asst, being land or building or both, it cannot be made applicable to lease rights in a land.

ITAT deletes addition for cash deposit during demonetisation out of Cash withdrawal

June 22, 2022 1626 Views 0 comment Print

Col. Ranjan Sharma Vs ITO (ITAT Bangalore) Assessee has withdrawn a sum of Rs.8,00,000/- from his bank account maintained with ICICI Bank on 05.06.2015. I notice that the assessee has withdrawn cash in small amounts in subsequent period also. Since the assessee is an aged person and retired from army, it is quite possible that […]

Section 263 jurisdiction not invocable if order passed by AO not prejudicial to interest of revenue

June 22, 2022 711 Views 0 comment Print

For invoking jurisdiction u/s 263 of income tax act, the assessment order passed by assessing officer should be erroneous so far as prejudicial to interest of revenue.

ITAT imposes cost on appellant for non-appearance before AO

June 22, 2022 399 Views 0 comment Print

Amritha Raj gets a second chance at appeal in ITAT Bangalore. Non-appearance costs imposed but opportunity granted to present case before CIT(A)

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