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Archive: 30 June 2022

Posts in 30 June 2022

Unjust Enrichment not Applicable to Pre-Deposit Refund

June 30, 2022 1575 Views 0 comment Print

Rejection of refund claim against pre-deposit, in compliance to Section 35F (Pre 2014 amendment)- Payment made towards discharge of duty confirmed alongwith interest and penalty was in the form of pre-deposit so as to acquire right of appeal and doctrine of unjust enrichment will not be applicable in respect of such deposit,

GST: Voluntary statement cannot substitute pre-show cause notice consultation

June 30, 2022 999 Views 0 comment Print

Mandatory requirement of pre-show cause notice consultation, as embedded in Rule 142 (1A) of the Central Goods and Service Tax Rules, 2017 – Voluntary statement cannot substitute pre-show cause notice consultation

Section 127B Customs: HC explains who can file Application To Settlement Commission 

June 30, 2022 2232 Views 0 comment Print

Halliburton Offshore Services Inc. Vs Union of India (Bombay High Court) The word ‘case”’ used in Section 127-B of the Customs Act, 1962 is defined u/s 127-A(b) to mean any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date […]

No Section 41 Disallowance if no Cogent Evidence of Cessation of Liability

June 30, 2022 429 Views 0 comment Print

Jain Peripherals Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 41 postulates disallowance of cessation of liability for expenditure incurred in trading account earlier. In the present case, disallowance has been made by the AO and confirmed by the ld. CIT(A) on the plank that the purchases are not genuine. In our considered opinion, the issue […]

Penalty Notice not Containing Categorical Indication of Furnishing Inaccurate Particulars or Concealment of Particular of Income is invalid

June 30, 2022 621 Views 0 comment Print

It is submitted on behalf of the assessee that the ld. CIT(A) has failed to appreciate that the notice dated 25.02.2013 issued u/s 274 r.w.s.271(1)(c) of the Act is not legally sustainable as it is not disclosed as to if the notice is issued for furnishing inaccurate particulars or concealment of particular income.

Additions in Reassessment Proceedings not Sustainable If no Addition on Primary Grounds

June 30, 2022 4104 Views 0 comment Print

Honble Delhi High Court considering the decision of the Honble Bombay High Court in the case of CIT Vs. M/s. Jet Airways (I) Limited (2011) 331 ITR 236 (Bom.) held that if the Assessing Officer does not make any addition on the primary ground on the basis of which proceedings under Section 147 were initiated he cannot make other additions.

Pre-GST unutilized Credit of Education Cess, SHEC and KKC eligible to be refunded

June 30, 2022 4935 Views 0 comment Print

CESTAT set aside the impugned order pertaining to the rejection of refund of unutilized cenvat credit of Education Cess, SHEC and KKC

TDS Section 194H – Whether on Payment of Commission or on Discount Given? Open Issue for more than 15 years?

June 30, 2022 3318 Views 0 comment Print

Explore the open issue of TDS Section 194H – whether on payment of commission or on discount given. Get insights on this unresolved matter after 15 years.

Critical Analysis of recommendations made at 47th GST Council Meeting

June 30, 2022 17349 Views 2 comments Print

A critical analysis of the recommendations made during the 47th GST Council Meeting. Gain insights into the changes in rates, laws, and procedures in GST.

Format to Calculate TDS on Salary

June 30, 2022 7110 Views 0 comment Print

Excel format to calculate TDS on Salary which needs to be deducted by the employer from the employee Salary.

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