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Archive: October, 2022

Posts in October, 2022

Withdrawals of GST Exemption of Overseas Freight – Adding Pains to Exporters

October 4, 2022 9672 Views 0 comment Print

Understanding the impact of GST exemption withdrawal on overseas freight for exporters. Learn about the challenges and implications.

Appeal can be filed only on the basis of order/intimation, against which assessee is aggrieved

October 4, 2022 1461 Views 0 comment Print

An appeal can be filed only on the basis of order/intimation, against which the assessee is aggrieved. In the absence of any such document, it will not be possible for any appellate authority to address the grievance of the assessee

LTCG taxable in year of transfer & not in year of issue of fresh cheques for consideration

October 4, 2022 1011 Views 0 comment Print

Gupta Synthetics Ltd Vs DCIT (ITAT Mumbai) It was observed that the assessee had entered into a sale deed dated 13/03/2012 with Numech Synthetics P Ltd for sale of land at Dadra in UT Dadra and Nagar Haveli for a sale consideration of Rs.70 lakhs. A registered agreement dated 13/03/2012 was executed. The assessee contends […]

Section 11 exemption claimable on restoration of section 12A registration

October 4, 2022 1272 Views 0 comment Print

ITAT find that since registration is restored by ITAT, the assessee is entitled for claiming deduction U/s. 11 in impugned assessment year

RBI approves 42 reporting entities for Aadhaar authentication

October 4, 2022 1296 Views 0 comment Print

Reserve Bank of India approved 42 reporting entities for authentication under Aadhaar Act for section 11A of Money-laundering Act.

Fake GST Bill: Anticipatory Bail denied for non-Co-operation during Investigation

October 4, 2022 1329 Views 0 comment Print

Rajesh Kumar Dudani Vs State of Uttarakhand (Uttarakhand High Court) It is the case of generating fake and forged invoices so as to claim ITC. In their objections, the respondent no.2 has given categorical details of such dubious transactions and has also submitted as to how in one day, the money has routed in different […]

Cost of improvement not allowable if supporting bills, vouchers not submitted

October 4, 2022 6771 Views 0 comment Print

Late Smt. Bhanuben Dhanji Shah Vs DCIT (ITAT Mumbai) The brief facts of the case pertaining to the issue, as emanating from the record, are: During the course of assessment proceedings, the assessee was asked to submit proof with regard to cost of improvement claim of Rs.81,775, with supporting bills, date of incurring such expenditure, […]

ITAT upheld section 68 addition for unexplained cash Scrap Sale

October 4, 2022 1764 Views 0 comment Print

In our opinion, the assessee is having no explanation with regard to generation of scraps and sale of the same. In our opinion, it is only a make-believe story so as to account the unaccounted cash generation by assessee. In view of this, we do not find any merit in the argument of the learned Counsel for the assessee.

Annual Report & Share Certificate cannot be treated as Incriminating Documents if no link with addition

October 4, 2022 810 Views 0 comment Print

Court is of the view that the recovery of the annual report and the share certificate of the Petitioner from premises of Minda Group cannot be considered to be incriminating documents.

Service tax cannot be levied in India when whole of service provided outside India

October 4, 2022 2712 Views 0 comment Print

In the present case, admittedly the whole of the service was provided outside India and received outside India, therefore, even in terms of the said rule, the service tax is not leviable on the Business Exhibition Service received by the appellant which was performed outside India hence not taxable in the hands of the appellant.

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