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Archive: 09 August 2022

Posts in 09 August 2022

ITR & TAR not capture details of export & import by Gems & Jewellery sector: CAG

August 9, 2022 1266 Views 0 comment Print

existing forms of ITR and TAR do not capture details of exports and imports undertaken during the respective FY by any entity engaged in Gems and Jewellery business.

Annual listing fee payable despite trading suspension: SAT

August 9, 2022 1662 Views 0 comment Print

SAT held that annual listing fee payable inspite of suspension on Trading of Securities. Listing & trading of securities are distinct terms

Race Club can claim principle of mutuality in regard to entrance fee received from non-voting members

August 9, 2022 1290 Views 0 comment Print

SC has held that the assessee is entitled to claim mutuality in respect of entrance fee collected from these non-voting right members.

No addition for duly explained cash deposit during demonetisation

August 9, 2022 3042 Views 0 comment Print

R.S. Diamonds India Private Limited Vs ACIT (ITAT Mumbai) The Assessing Officer noticed that the assessee has deposited a sum of Rs. 45 lakhs into its bank account during demonetization period. It was explained that the above said amount represented cash balance available in its books of account, which included advance received from the customers […]

HC upheld project completion method followed by assessee

August 9, 2022 618 Views 0 comment Print

PCIT Vs Burdwan Development Authority (Calcutta High Court) On perusal of the order passed by the tribunal HC find that the tribunal has rightly taken note of the legal position and granted relief to the assessee. Apart from that, the tribunal has also noted the factual position and relevant details were called for. The assessing […]

Tax Recovery Officer cannot examine whether transfer is void or not

August 9, 2022 1329 Views 0 comment Print

Tax Recovery Officer ( TRO) could not have examined, whether transfer was void under Section 281 and that his adjudication of the transfer as being void under Section 281

Section 40(a)(ia) Amendment by Finance Act, 2010 are retrospective 

August 9, 2022 1065 Views 0 comment Print

PCIT Vs Crescent Construction Co (Bombay High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bonafide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the Revenue when […]

Service Tax cannot be levied on antivirus software sold in CD: SC

August 9, 2022 3951 Views 0 comment Print

SC held that Service Tax cannot be levied again on antivirus software sold in Compact Disc even if free updates provided later on and also, artificial segregation of the transaction, into two parts is not tenable in law.

ITC denied if buyer having knowledge of investigation against supplier

August 9, 2022 834 Views 0 comment Print

HC held that tax liability imposed on assessee is valid as assessee was aware of transaction alleged as ineligible on which ITC was availed

Fresh property attachment order can be issued; Tax liability not get effaced by efflux of time

August 9, 2022 837 Views 0 comment Print

The tax liability of the petitioner does not get effaced by efflux of time. The Department can attach the property under Rule 48 r/w Rule 60 and bring the same property for sale in terms of the provisions of the IInd schedule to the Income Tax Act, 1961.

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