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Archive: August, 2022

Posts in August, 2022

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 1218 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Alleged purchase from suspicious & fake suppliers – HC declines Bail to accused

August 13, 2022 1311 Views 0 comment Print

Basudev Mittal Vs Union of India (Chhattisgarh High Court) It is alleged that the applicant has illegally availed Input Tax Credit of more than Rs.5,00,00,000/- by purchasing the goods from several suspicious and fake suppliers whose registration had already been cancelled. During search, it also came to the forefront that more than 700 vehicles, against […]

CESTAT recommends Contempt proceeding for issue of SCN after passing of final order

August 13, 2022 1446 Views 0 comment Print

Assistant Commissioner issued show cause notices after passing of final order by Tribunal, with respect to subject matter of refund, was wholly against provisions of law

CPC must rectify mistake apparent from records despite non-filing of revised Return

August 13, 2022 5091 Views 0 comment Print

Markand Induprasad Bhatt Vs DCIT (ITAT Ahmedabad) However, we note that the power of rectification u/s 154 of the Act can be exercised only if there is a mistake apparent from the record which is one of the pre-condition meaning thereby the mistake should be apparent, obvious from the record. In other words, in order […]

Mere Non-response from creditors cannot be treated as furnishing of inaccurate particulars of income

August 13, 2022 879 Views 0 comment Print

Royal Rubber Works Vs ITO (ITAT Delhi) Undisputedly, the addition based on which the Assessing Officer imposed penalty under section 271(1)(c) of the Act was on account of sundry creditors. While deciding the quantum appeal of the assessee, the Tribunal has deleted the major part of the addition, accepting assessee’s submission that such amount was […]

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 14361 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

Assessment Order against Non-Existing Company is not legally sustainable

August 13, 2022 2775 Views 0 comment Print

ITAT Held that, since assessee ceased to be in existence as on the date when Ld. AO passed the impugned order of assessment, assessment so framed is not sustainable in the eye of law.

Section 54/54F exemption cannot be disallowed merely for closure of capital gain account without NOC of AO

August 13, 2022 1731 Views 0 comment Print

Closer of capital gain account without NOC of AO, the broad provisions and compliance of law surpass the mere default in not taking prior permission of ITO before closer of account

GST Registration cannot be cancelled without Hearing Opportunity with specific date & time

August 13, 2022 1221 Views 0 comment Print

Jinesh Associates Vs Commissioner of Commercial Taxes (Karnataka High Court) Proviso to Section 29(2) of Karnataka Goods and Services Tax Act specifically observes that there shall be no cancellation of GST registration without giving an opportunity of being heard. Accordingly, during the course of proceedings relating to cancellation of registration, there is a statutory mandate […]

Trademark Trolls in India

August 13, 2022 1809 Views 0 comment Print

Discover the impact of trademark trolls in India. Learn about the importance of trademark registration in protecting your business from unfair trade practices.

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