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Archive: 22 June 2022

Posts in 22 June 2022

Section 271(1)(c) penalty quantification dependent upon additions to income

June 22, 2022 525 Views 0 comment Print

Bharat Rana Chaudhry Vs ITO (ITAT Delhi) ITAT find that sub-clause (iii) of section 271(l)(c) provides mechanism for quantification of penalty. It contemplates that the assessee would be directed to pay a sum in addition to taxes, if any, payable him, which shall not be less than but which shall not exceed three times the […]

Not striking off irrelevant matter vitiate penalty proceedings

June 22, 2022 582 Views 0 comment Print

Sh. Prem Pal Gandhi Vs ACIT (ITAT Amritsar) The appellant objected to the levy of penalty as bad in law. He challenged that the AO has not mentioned under which limbs of section 27 1(1)(c) of the Act, whether for concealment of income or furnishing of inaccurate particulars, the penalty was initiated. Thus, He has […]

ITAT condones delay in appeal fling due to outbreak of COVID 

June 22, 2022 4323 Views 0 comment Print

Sri Sivajothi Spinning Mills Private Limited Vs DCIT (ITAT Chennai) ITAT heard both the sides, perused the materials available on record and gone through the orders of authorities below. The ld. CIT(A) (NFAC) has rejected the appeal filed by the assessee on the ground that the due date for filing the appeal was 30.03.2020 and […]

Expense cannot be denied under section 40(A)(2)(b) on surmises & conjectures

June 22, 2022 2256 Views 0 comment Print

Balani Infotech P. Ltd. Vs ACIT (ITAT Delhi) It is for an assessee as a businessman to come to a conclusion as to what remuneration of the salary is to be paid to the employees and the reasonableness of the expenses is to be judged from the angle of a businessman rather than from angle […]

Section 9 Levy and collection of GST

June 22, 2022 9069 Views 0 comment Print

Understanding Section 9 of the CGST Act, 2017: Learn about the levy and collection of GST for intrastate supplies and the prescribed payment methods.

Patiala House Court denied Bail to Accused in GST Scam for availing Fraudulent ITC

June 22, 2022 3468 Views 0 comment Print

Central Goods and Service Tax Vs Pawan Kumar Sharma (Patiala House Court) By way of the instant order, I propose to dispose of the application moved on behalf of applicant/accused Pawan Kumar Sharma for grant of bail. It is submitted that on 12.05.2022, the house of applicant/accused situated at Chandni Chowk, Delhi was searched by […]

Service Tax on of loading, unloading and transportation of coal from coalface to railway siding

June 22, 2022 1524 Views 0 comment Print

The issue involved in this appeal is as to whether the appellant had provided cargo handling service for the period 01.04.2007 to 30.05.2007 and mining service for the period 01.06.2007.

Section 153C: Addition for Share Capital without Incriminating Material not sustainable

June 22, 2022 1563 Views 0 comment Print

DCIT Vs Apple Metal Industries Pvt Ltd (ITAT Delhi) Assessment for Assessment Year 2011-12 was completed after making addition on account of unverified share application money amounting to Rs. 8,70,71,936/- and in Assessment Year 2014-15, addition on account of unverified share capital amounting to Rs. 30,00,600/- was made. The impugned assessment order clearly shows that […]

Share application money – ITAT quashes Section 263 Revision proceedings

June 22, 2022 726 Views 0 comment Print

Armajaro Trading India (P) Limited Vs ITO (ITAT Cochin) In the instant case, one of the reasons for limited scrutiny was for the purpose of examining whether the share application money received by the assessee was genuine and was from disclosed sources. It is seen that the assessee had shown an amount of Rs.2,55,94,110 as […]

ITAT explains impact on taxability when treaty not contains FTS clause

June 22, 2022 6714 Views 0 comment Print

DCIT Vs Michelin ROH Co. Ltd. (ITAT Delhi) Brief facts of the case are that the assessee has a company incorporated in Thailand and offers a number of services, such as, business planning and coordination, engineering services, product research and development etc. to its Indian subsidiary. On offering these engineering services, the assessee obtained a […]

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