"August, 2022" Archive - Page 10

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

Geo Connect Ltd Vs DCIT (ITAT Delhi)

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. […]...

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

Prasanna Kumar Thakkar Vs Directorate General of Goods and Services Tax Intelligence (Calcutta High Court)

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

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Misleading Weight Loss Programme Ads amounts to Unfair Trade Practice

VLCC Health Care Limited Vs Vijay Aggarwal (State Consumer Disputes Redressal Commission)

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...

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Section 41(1) addition not justified for loan creditors

Shri K A Rame Gowda Vs ACIT (ITAT Bangalore)

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....

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

Tulsi Das Vs ITO (ITAT Delhi)

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...

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

Kirtida Rameshchandra Chandarana Vs CIT (Appeals) (ITAT Mumbai)

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

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Business Losses set-off allowable against Speculative Income

Shri Dashrathlal K.Patel Vs ITO (ITAT Ahmedabad)

ITAT held that unabsorbed business losses can be set off against any income from business, be it speculative or otherwise....

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Continuance of Bank Attachment not justified on Remittance of Pre-Deposit

V.R.S.Traders Vs Commissioner of State Taxes (Madras High Court)

Upon remittance of pre-deposit of 10%, balance remain stayed and hence no justification for continuation of the bank attachments....

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No addition when no evidence about expenses being bogus in nature

Vishakhapatnam Port Road Company Ltd Vs ACIT (ITAT Delhi)

No addition was called for more so, when no evidence about the expenses being bogus in nature has been brought on record by the Revenue....

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Contract for Supply of Goods not classifiable under ‘Commercial or Industrial Construction’

National Building Construction Corporation Limited Vs Commissioner of Central Excise (CESTAT Kolkata)

National Building Construction Corporation Limited Vs Commissioner of Central Excise (CESTAT Kolkata) Since the scope of contract included supply of goods, the same cannot be classified under the above service category of Commercial or Industrial Construction but under ‘Works Contract service’ which classification has not been invoked...

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February 2023