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Archive: June, 2022

Posts in June, 2022

Appeal filed by the struck off company maintainable

June 11, 2022 4992 Views 0 comment Print

Dwarka Portfolio Pvt. Ltd. Vs ACIT (ITAT Delhi) Facts- The assessee has challenged the order dated 24/03/2017 passed by CIT(A), wherein an addition of Rs. 18,00,00,000/- made u/s 68 of Income Tax Act by the A.O has been confirmed by the CIT(A) for AY 2014-15. Notably, the assessee Company has been struck off vide Notification […]

Profit from sale of agricultural land not includible while computing book profit

June 11, 2022 1980 Views 0 comment Print

Ishwar Dewllings Pvt. Ltd. Vs PCIT (ITAT Lucknow) Facts- The AO vide notice u/s 154 dated 02/05/2018 proposed rectification of the order passed u/s 143(3) by including profit on sale of agricultural land in the computation of book profits u/s 115JB. Thereafter, AO dropped the proceedings initiated u/s 154 vide order dated 14/06/2018. However, the […]

Adjustments & intimation on debatable/controversial issues is beyond section 143(1) scope

June 11, 2022 2247 Views 0 comment Print

SVS Guarding Services Pvt. Ltd. Vs ITO (ITAT Delhi) Facts- The only addition in dispute in this appeal is regarding the additions amounting to total of Rs. 29,52,674/- made u/s 36(1)(va) of Income Tax Act. These payments by way of employees’ contribution to ESI/Provident Fund were deposited by the assessee after the specified date prescribed […]

Once an appeal is filed, assessee will not be deemed as ‘assessee in default’ – Section 220(6)

June 11, 2022 4056 Views 0 comment Print

Held that the mandate of Section 220(6) of the IT Act makes it very clear that once an appeal is filed within time in the prescribed format, the assessee will not be deemed as an ‘assessee in default’.

Cenvat credit on capital goods taken and utilized vis-à-vis benefit of higher drawback rate – matter remanded

June 11, 2022 792 Views 0 comment Print

Raghav Industries Ltd. Vs Union of India (Madras High Court) Facts- The appellant is a manufacturer of synthetic and blended textile yarn made of duty paid raw material viz., polyester staple fiber or polyester viscose staple fibre. According to the appellant, as per the Government schemes, a manufacturer can either export the finished product without […]

Section 271(1)(c) Penalty not sustainable if specific charge not specified

June 11, 2022 1503 Views 0 comment Print

AO is under obligation to specify the appropriate limb of  section 271(1)(c) of the Act at the time of initiation as well as at the time of levy of penalty notice.

Service Tax disallowable if collected but not remitted to Government

June 11, 2022 2007 Views 0 comment Print

When assessee collected the service tax from its customers and had not remitted the Government Exchequer, the same had to be disallowed u/s 43B.

Initiation of prosecution u/s 135(1)(a) of Customs Act for goods valuing less than INR 1 Crore is bad-in-law

June 11, 2022 7419 Views 0 comment Print

Suresh Chand Gupta Vs State of Govt of NCT Delhi (Delhi High Court) Facts- The Director of Revenue Intelligence (DRI) filed a criminal complaint under Section 132 and 135 (1)(a) of the Customs Act, before the learned Trial Court. The complaint stated that intelligence reports have been received that M/s Elgin Electronics, of which petitioner […]

No liability to pay service tax on toll collection as collector was not a Commission Agent

June 11, 2022 1707 Views 0 comment Print

Souvenir Developers India Pvt Ltd Vs Commissioner of Central Excise (CESTAT Mumbai) Conclusion: Any amount retained by a toll collector while undertaking toll-collection activity did not attract service tax since the said activity did not constitute a service rendered by a commission agent and thus it did not fall within the purview of a ‘business […]

Aadhaar card can be issued to sex workers based on UIDAI proforma certificate

June 11, 2022 2538 Views 0 comment Print

It is brought to the notice of this Court that Aadhar Cards are not being issued to sex workers as they were unable to produce proof of their residence. We had issued notice to UIDAI and sought its suggestions in respect of waiving the requirement of proof of residence for the sex workers, to enable them to get an identity by the issuance of Aadhar cards.

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