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Archive: 13 October 2022

Posts in 13 October 2022

CBDT notifies jurisdiction of CIT(A) under Faceless Appeal Scheme, 2021 

October 13, 2022 5859 Views 0 comment Print

CBDT notifies jurisdiction of CIT(A) under Faceless Appeal Scheme, 2021  vide Notification No. 113/2022-Income Tax  Dated: 13th October, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi Notification No. 113/2022-Income Tax  Dated: 13th October, 2022 S.O. 4873(E).— In exercise of the powers conferred by sub-sections (1) and (2) of section 120 […]

Homologation Expenditure is Revenue in Nature

October 13, 2022 879 Views 0 comment Print

ACIT Vs Mercedes-Benz India Pvt. Ltd (ITAT Pune) In the line of business of assessee i.e. manufacture and sale of passenger cars, the automobiles which were manufactured were governed by Central Motor Vehicles Act (CMV Act) and Central Motor Vehicle Rules (CMV Rules). Under the said regulations, it is mandatory to seek approval from the […]

Inner Party Democratic Presidential Election of Congress Party

October 13, 2022 1032 Views 0 comment Print

Explore the challenges of inner-party democracy in the Congress Partys presidential election. Will history repeat itself? Understand the dynamics of consensus, political history, and the role of leaders like Shashi Tharoor. Discover the parallels with historical figures who faced similar dilemmas within the party.

Assessment cannot exceed prescribed ‘limited’ scrutiny scope except as per due process of law

October 13, 2022 1209 Views 0 comment Print

Sagar Uttam Murhe Vs DCIT (ITAT Pune) Case law (2020) 120 com 187 CIT vs. Padmavati (Mad) (HC) holds that such an assessment could not exceed the scope of the prescribed ‘limited‘ scrutiny except as per the due process of law. This is indeed coupled with various coordinate benches decisions reiterating the very legal proposition. […]

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 3672 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

ITAT Condones 314 days Delay in filing of Form No. 10CCB

October 13, 2022 3000 Views 0 comment Print

Atlantic Bio Medical Pvt. Ltd Vs DCIT (ITAT Mumbai) Assessee had undisputedly filed the return of income electronically but under bonafide belief that the Form 10CCB was to be filed manually with the AO as and when required thus failed to file the same electronically along with the return of income. No doubt ignorance of […]

IRDAI penalises Max Life Insurance for Misrepresentation

October 13, 2022 1410 Views 0 comment Print

Charge: Not complying with directions issued by Insurance Regulatory And Development Authority of India. Decision: The Insurer Max Life Insurance Co. Ltd has not complied with the directions issued by the Authority vide letters dated 28th January, 2021, and dated 5th February, 2016. Therefore, a penalty of Rs 1 crore (Rupees One Crore only) is […]

No Section 271(1)(c) Penalty on Unsustainable Claims

October 13, 2022 1536 Views 0 comment Print

ACIT Vs Indian Drugs & Pharmaceuticals Limited (ITAT Delhi) The penalty order reveals that the impugned penalty has been imposed by the Ld. AO for the solitary reason that the assessee made claim for deduction of expenses which were not allowable. The assessee furnished explanation for claiming higher deduction of expenses in the revised computation. […]

Interest paid for delayed deposit of TDS cannot be equated to penalty

October 13, 2022 2058 Views 1 comment Print

Interest on TDS is not interest paid on income tax per se and the disallowance thereof, is unwarranted and interest paid for delayed deposit of TDS cannot be equated to penalty or breach of law.

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 3402 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

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