"03 July 2022" Archive

GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court)

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]...

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Excise Duty Exemption not chargeable to Tax & cannot be categorised as Book Profit

Greenply Industries Limited Vs ACIT (ITAT Kolkata)

Greenply Industries Limited Vs ACIT (ITAT Kolkata) ITAT find that the excise duty exemption has been admittedly the capital receipt and the finding of the ld. CIT(Appeals) that the excise duty exemption is not liable to be taxed under the normal provisions of the Income Tax Act being not in dispute for us, the alleged […]...

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No section 271(1)(c) penalty for Mere Disallowance of section 54F Claim

ITO Vs Ashif Mehbbobelahi Rushnaiwala (ITAT Ahmedabad)

ITO Vs Ashif Mehbbobelahi Rushnaiwala (ITAT Ahmedabad) CIT(A) deleted the penalty levied on the disallowance of exemption u/s 54F of the Act noting that the assessee had furnished all particulars relating to the claim of exemption by way of investment in residential properties, that the claim was made under the boanfide belief that all in...

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No demand can be made under GST in Form DRC-01A without issue of section 74(1) Notice

Anantham Retail Private Limited Vs State Tax Officer (Madras High Court)

Anantham Retail Private Limited Vs State Tax Officer (Madras High Court) It is seen that there was a surprise inspection in the petitioner’s showrooms, Office and Godown from 14.09.2021 to 16.09.2021 and certain defects were pointed out and thereafter, explanation sought for. Though the petitioner had sent their objections and their...

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Depreciation not allowable on legal service expenses not resulting in any commercial rights

Bangalore International Airport Ltd. Vs DCIT (ITAT Bangalore)

Bangalore International Airport Ltd. Vs DCIT (ITAT Bangalore) Assessee submitted that Professional or Legal Service expenditure was incurred wholly in connection with entering into various agreements. Most of the expenditure was towards availing of professional and legal services during pre-operative period i.e. before commencement of the...

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Exemption cannot be denied merely based on heading of Notification or Budget Speech not forming part of Notification

Inductotherm India Pvt Ltd Vs C.C. (CESTAT Ahmedabad)

Inductotherm India Pvt Ltd Vs C.C. (CESTAT Ahmedabad) Only ground on which the department has been denying the exemption Notification No. 25/2002-Cus dated 01.03.2002 is that the subject imported goods are exempted only if it is imported and used by the IT Industries whereas, in the appellant’s case the industry is not IT Industry but [...

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Skill Development activity eligible for Registration under section 12AA

C. R. Dadhich Memorial Society Bhattu Road Vs CIT(E) (ITAT Delhi)

C. R. Dadhich Memorial Society Vs CIT(E) (ITAT Delhi) Training means & constitutes a basic concept in human resource development. It is concerned with developing a particular skill to a desired standard by instruction and practice. Training is a highly useful tool that can bring a person into a position where they can do their [&helli...

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Cost perceived by donor of Gift cannot be considered as Cost of acquisition

Saireddy Pruthviraj Reddy Vs ITO (ITAT Hyderabad)

Saireddy Pruthviraj Reddy Vs ITO (ITAT Hyderabad) It is pleaded by the assessee before us that while receiving the flat No. 914, the mother of the assessee valued the same at Rs. 27,23,000/-and offered to tax the capital gains arising therefrom. On this premise the assessee insists that the cost of acquisition of plot No. […]...

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No Suppression if SCN was issued based on disclosure in Balance Sheet

Commissioner of Central Tax Vs ABB Limited (Karnataka High Court)

Respondent submitted that the show cause notice issued was on the basis of the balance sheet wherein all activities of the assessee were truly declared. Therefore, there was no suppression of material facts....

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AO cannot disallow agricultural expenses without any rational basis

Shrikrishna Khandsari Sugar Mills Vs ITO (ITAT Pune)

Shrikrishna Khandsari Sugar Mills Vs ITO (ITAT Pune) The only issue raised in this appeal is against the confirmation of disallowance of Rs.4,19,970/- made by the Assessing Officer (AO) in respect of agricultural expenses. Briefly stated, the facts of the case are that the assessee has been engaged in manufacturing and trading in Khandsar...

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