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Archive: July, 2022

Posts in July, 2022

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

July 3, 2022 6645 Views 0 comment Print

Madras HC quashes assessment orders against Anantham Retail Pvt. Ltd. for tax years 2019-22. Violation of natural justice cited. Learn more.

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

July 3, 2022 1272 Views 0 comment Print

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 commercial operation. In our considered opinion, this expenditure is […]

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

July 3, 2022 1086 Views 0 comment Print

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 […]

Skill Development activity eligible for Registration under section 12AA

July 3, 2022 2160 Views 0 comment Print

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 […]

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

July 3, 2022 5550 Views 0 comment Print

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. […]

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

July 3, 2022 3180 Views 0 comment Print

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.

AO cannot disallow agricultural expenses without any rational basis

July 3, 2022 1503 Views 0 comment Print

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 Khandsari sugar […]

No penalty for Addition on Estimation Basis under section 271(1)(c)

July 3, 2022 4071 Views 0 comment Print

ITAT held that when addition was made on estimation basis that by itself does not lead to conclusion that assessee either concealed the particulars of income or furnished inaccurate particulars of such income.

Section 194J TDS on fees to Doctors engaged as Retainers & Consultants

July 3, 2022 6375 Views 0 comment Print

High Court held that the provisions of Section 194J applied to the retainer doctors and not those of Section 192.

AO not justified in taking two views in respect of same transaction/bank deposits

July 3, 2022 1551 Views 0 comment Print

Swami Shibrupananda Jayrambati Ramkrishna Saradamath & Mission Vs ITO (ITAT Kolkata) Ld. AO had taken two views in respect of same transaction/bank deposits made by the assessee, one pre-demonetization period deposits, which he treated as income from profession of the assessee and 50% of such deposits treated as income from profession. On the other hand, […]

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