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Archive: 01 August 2022

Posts in 01 August 2022

GST payable on Haj pilgrimage services by Private Tour Operators

August 1, 2022 10890 Views 0 comment Print

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India) Held that there is no discrimination done when GST exemption is available only on services or religious pilgrimage facilitated by Central/ state government, whereas, private tour operators are excluded from the purview of exemption. Facts- The broad question involved in […]

Revival of Struck-Off Companies

August 1, 2022 41181 Views 0 comment Print

Learn about the process of reviving struck-off companies and how it can be voluntarily or compulsorily done on certain grounds.

ITAT Mumbai deletes addition for Stock found in lockers during search & seizure

August 1, 2022 828 Views 0 comment Print

Rameshkumar H. Jain Vs DCIT (ITAT Mumbai) It is not in dispute that during the search of locker the jewellery and ornament worth Rs.70,10,799/- was found. The details are mentioned below: Sr. no. 1. Gold & Jewellery belonging to third parties on account of sale on approval basis or labour work. Rs.39,85,761/- 2. Gold & […]

What is Change in GST on Renting of Residential Property?

August 1, 2022 14634 Views 0 comment Print

Changes relating to GST rate, in pursuance of recommendations are coming into effect from the 18th of July 2022, CBIC has issued notification no. 5/2022 regarding Reverse Charge on renting of residential dwelling for use as residence to a registered person. Let’s analyse it.

Reduction of time limit for verification of Income Tax Return (ITR)

August 1, 2022 3780 Views 0 comment Print

Reduction of time limit for verification of Income Tax Return (ITR) with effect from August 1, 2022 The CBDT vide Circular 3/2009 dated 21.05.2009 notified the new Income Tax Return (ITR) forms for Assessment Year 2009-10 and provided the facility of furnishing ITR which includes transmitting the data in the return electronically and thereafter submitting […]

Additional depreciation not eligible on capitalization of forex loss

August 1, 2022 597 Views 0 comment Print

Daeseung Autoparts India Pvt.Ltd Vs ACIT (OSD) (ITAT Chennai) We have gone through reasons given by the Assessing Officer to reject additional depreciation on capitalization of forex loss in light of provisions of section 32(1)(iia) of the Act, and we ourselves do not subscribe to the arguments advanced by the learned counsel for the assessee […]

Order having penal or civil consequences cannot be passed without complying with principles of natural justice

August 1, 2022 1119 Views 0 comment Print

Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court) In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it […]

Rural Advances shown in HO accounts eligible for deduction u/s 36(1)(viia)

August 1, 2022 1377 Views 0 comment Print

ACIT Vs Dharmapuri District Central Co-operative Bank Ltd. (ITAT Chennai) The material facts are that during assessment proceedings, the assessee’s claim of deduction u/s 36(1)(viia) was examined by Ld. AO. As per the statutory provisions, the assessee was entitled to claim deduction for an amount not exceeding 7.5% of total income and an amount not […]

Debatable Issue cannot be adjusted in Section 143(1) intimation

August 1, 2022 2226 Views 0 comment Print

Tangar Exports LLP Vs ACIT (ITAT Chennai)  The Assessing Officer has made adjustment of total income computed in the intimation received u/s.143(1) of the Act, towards deduction claimed u/s.80JJAA of the Act, in respect of employment of new employees on the ground that the assessee has not satisfied conditions prescribed therein, including filing of audit […]

Section 263 order justified if AO failed to rightly compute Capital Gain on Sale of Land

August 1, 2022 189 Views 0 comment Print

Dhanalakshmi Mills Ltd. Vs DCIT (ITAT Chennai) Admittedly, the Assessing Officer has caused necessary inquiries with regard to computation of long term capital gain derived transfer of property and has computed capital gain by taking into account cost of acquisition claimed by the assessee without disturbing consideration received from transfer of property, even though, there […]

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