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Archive: 28 June 2022

Posts in 28 June 2022

No section 271(1)(b) Penalty if assessment completed under section 143(3)

June 28, 2022 2076 Views 0 comment Print

Explore the ITAT Mumbai decision in Swati Jignesh Jain vs. ITO regarding the imposition of penalty u/s. 271(1)(b). Learn how the AO deemed condonation of the assessee absence influenced the verdict.

Excise duty/Interest subsidy given in pursuant of industrial policy is capital receipt

June 28, 2022 564 Views 0 comment Print

ITAT held that excise duty subsidy and interest subsidies given in pursuant of new industrial policy were held to be capital receipts.

Loss on restatement of loan obtained for purchase of indigenous assets is capital loss

June 28, 2022 399 Views 0 comment Print

Dive into the analysis of Steril-Gene Life Sciences’ appeal against DCIT’s treatment of forex loss as capital expenditure. Understand the impact on machinery cost and depreciation.

In absence of Jurisdiction over Assessee AO cannot issue Section 143(2) Notice

June 28, 2022 1647 Views 0 comment Print

Explore the legal intricacies of Anil Kumar Khetawat case vs. ACIT. Uncover how a jurisdictional flaw in issuing notice under section 143(2) renders the assessment proceedings void.

Section 263 jurisdiction cannot be exercised for substituting other possible view

June 28, 2022 336 Views 0 comment Print

Explore the case of Mahesh Arvind Tilve vs. PCIT (ITAT Mumbai) where the validity of the assessment is questioned. Assess the jurisdictional challenges and the significance of cash transactions.

Service Tax Refund cannot be denied to SEZ unit for mere non-inclusion of service in approved list

June 28, 2022 660 Views 0 comment Print

Explore the case of Tega Industries vs. C.C.E. & S.T. (CESTAT Ahmedabad) as CESTAT overturns refund denial. Analysis of Business Support Service, procedural lapses, and distinct identities.

Short-payment against invoices allowable as business loss even if not mapped against particular invoices

June 28, 2022 288 Views 0 comment Print

The undisputed position that emerges is that the assessee has received short-payment against invoices from various transport undertakings. The same is evident from the ledger extract furnished by the assessee. Undisputedly, these undertakings are the customer of the assessee and the shortfall of amount so received by the assessee has been claimed as bad-debts / discounts.

Addition for cash deposit – ITAT directs AO to consider submission of Assessee

June 28, 2022 825 Views 0 comment Print

Explore the Harpreet Singh Grover vs. ITO case at ITAT Amritsar. Analysis of cash deposit controversy, CIT(A) decision, and ITAT’s order for de novo adjudication.

Depreciation compulsorily allowed even if Assessee has not Claimed It

June 28, 2022 861 Views 0 comment Print

Explore the Orissa Power Transmission Corporation Ltd vs. ACIT case at ITAT Cuttack. Analysis of interest income, business vs. other sources, and prior period expenses.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 468 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

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