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Archive: August, 2022

Posts in August, 2022

Change of opinion by AO by requesting CIT to exercise 263 Section jurisdiction is not permitted

August 29, 2022 3708 Views 0 comment Print

Instantly, we are confronted with a situation in which the revision was initiated on the basis of the AO sending a proposal to the CIT and not on the CIT suo motu calling for and examining the record of the assessment proceedings and thereafter considering the assessment order erroneous and prejudicial to the interests of the revenue.

HC quashes Assessment Order passed under Old Surrendered PAN

August 29, 2022 2859 Views 0 comment Print

Return was filed under the new PAN and in spite of that, assessing officer passed assessment order under old PAN – HC Quashed such order

Reg. procurement of sand & soil from DTA for construction activities in SEZ

August 29, 2022 1524 Views 0 comment Print

Permission for domestic procurement of restricted items (sand and soil) by developers / co-developers / units for infrastructural development / construction activities inside the Special Economic Zones (SEZs) –

Relaxation of Limitation to file GST Registration Revocation application also applies to Appeal Filing

August 29, 2022 1473 Views 0 comment Print

Singh Group Vs State Of U.P. (Allahabad High Court) GST Registration cancellation orders: Once the Government exercised its powers and reached a satisfaction (that there were defects on the common GST portal with respect to service of orders) and, provided relaxation of limitation, by suspending the period of limitation with respect to orders passed up […]

No section 40A(3) Disallowance for cash payment to Agricultural Land Seller on his insistence

August 29, 2022 2910 Views 0 comment Print

Geo Connect Ltd Vs DCIT (ITAT Delhi) The factual matrix reveal that the assessee is in real estate business and for that purpose it purchased an agricultural land from one Sh. Ugma, an old man of 75 years. Towards sale consideration of the said land, the assessee issued bearer cheques for an amount of Rs. […]

GST recovery without issue of Section 74(9) Order – HC directs dept to issue SCN

August 29, 2022 1164 Views 0 comment Print

Appellant is aggrieved by the action of the respondents in allegedly recovering tax without issuance of any order under Section 74(9) of GST

Misleading Weight Loss Programme Ads amounts to Unfair Trade Practice

August 29, 2022 3903 Views 0 comment Print

The act of the appellants of giving false assurances on one hand by way of misleading advertisements and on the other hand, obtaining declaration from the consumers qua no guarantee/assurance regarding the result and outcome of the programme, is a clear example of unfair trade practices adopted by them

Section 41(1) addition not justified for loan creditors

August 29, 2022 1416 Views 0 comment Print

In the instant case, admittedly, it is loan creditors and not a trading liability. So, the assessee has not obtained allowance or deduction in computing the profits and gains of business or profession in respect of assessment of any year.

Section 249(4)(b): Appeal cannot be submitted when ITR was filed

August 29, 2022 8901 Views 0 comment Print

Section 249(4)(b) of Income Tax Act, 1961 cannot be invoked when return of income filed by assessee was selected for scrutiny and assessment

TDS Credit denial for Mismatch in Form 26AS & 16A is Insensitive & injudicious

August 29, 2022 3219 Views 0 comment Print

Disallowance of TDS credit for Mismatch in Form 26AS & Form 16A is Insensitive & injudicious & violates CBDT equity and citizen charter

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