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Archive: 23 June 2022

Posts in 23 June 2022

Is blocking ITC under Rule 86(A) an undue financial hardship to taxpayer?

June 23, 2022 2619 Views 0 comment Print

Understanding the financial hardship of blocking ITC under Rule 86(A) for taxpayers. Learn about the implications and challenges faced by taxpayers in this scenario.

Disallowance for incompleteness of bills & vouchers on estimation basis not valid

June 23, 2022 2865 Views 0 comment Print

Expenses have been disallowed on estimate basis. The basis of such disallowances is said to be incompleteness of the bills and vouchers. However, the Assessing Officer has not pointed out as to which bills and vouchers were found to be wanting.

Value of Scrap generated after Manufacture not Includable in Assessable Value

June 23, 2022 798 Views 0 comment Print

CESTAT held that the value of scrap arising during the process of manufacture by the job worker is not included in the value of the goods cleared by the job worker to the principal manufacturer for the purpose of levying excise duty.

ITAT imposes Cost of Rs. 5,000 for Negligent Attitude of assessee

June 23, 2022 486 Views 0 comment Print

Hashesh V. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT consider it fair and proper and in the interest of justice to give one more opportunity of being heard to the assessee. However, keeping in view the casual and negligent attitude of the assessee especially during the course of assessment proceedings, ITAT impose a cost of […]

Depreciation on 120 Computers cannot be denied by alleging personal use

June 23, 2022 558 Views 0 comment Print

Jaya Publications Vs DCIT (ITAT Chennai) We find that the assessee has purchased Computers for business purposes and claimed depreciation thereon. In support, the relevant invoices were produced. The only reason to disallow the depreciation is the conclusion of Ld. AO that the use of computers for business was not established. However, this conclusion is […]

Mere note in balance sheet not alter legal status of independent entity of companies

June 23, 2022 540 Views 0 comment Print

Merely because a note was given in the balance sheet of the appellant company that the service recipient’s company is an Associates Company of the appellant does not alter the legal status of independent entity of both the companies.

Diasallowance of entire expense for non-submission of evidence is unreasonable

June 23, 2022 1023 Views 0 comment Print

The Assessing Officer as well as the ld. CIT(A) had chosen to disallow the entire expenditure without appreciating the fact that no income of hire charges can be earned without incurring expenditure on salaries and fuel etc. This approach of lower authorities is most unreasonable and arbitrary.

No Section 234E late fee for default committed before 01.06.2015

June 23, 2022 543 Views 0 comment Print

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act.

No section 271(1)(c) Penalty if AO fails to specify inaccurate particulars of income

June 23, 2022 1800 Views 1 comment Print

Rajendra Venkat Reddy Vs DCIT (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. The Assessing Officer sought to levy penalty in respect of addition of Rs.15,00,000/- being unexplained cash deposits in the bank accounts held by the appellant. The addition was purportedly made u/s […]

HC declines stay application filed by Toshiba as it not claimed financial hardship

June 23, 2022 402 Views 0 comment Print

Toshiba Corporation Vs CIT (Delhi High Court) Admittedly, while deciding the stay application, the Assessing Officer and the CIT(A) have to consider three primary issues i.e. prima facie case, balance of convenience and irreparable injury. In the present case, the petitioner has not claimed financial hardship. Accordingly, the third factor i.e. irreparable injury is not […]

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