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Archive: 07 November 2022

Posts in 07 November 2022

Non granting of TDS credit & Foreign Taxes Paid credit – ITAT refers matter back to AO

November 7, 2022 399 Views 0 comment Print

ITAT Mumbai remits the case to AO, grants Antonio Munroe another opportunity to substantiate challenges against Assessment and denied credits. Appeal allowed for statistical purposes.

Kerala VAT Dealer Cannot Claim Refund/Avail ITC on Return of Goods after Limitation Period

November 7, 2022 765 Views 0 comment Print

Narendra Kumar Gupta Vs State of Kerala (Kerala High Court) The points to be decided is whether the appellant had the right to avail input tax against the purchase items effected after a period of 90 days. The dealer had paid tax on the goods purchased from a registered dealer for sale within the State […]

Commission income not falls under presumptive taxation scheme

November 7, 2022 15723 Views 0 comment Print

Euro Home Vs DCIT (ITAT Chennai) CIT(A) held that the provisions of Sec.44AD would not apply to commission income and the rental income received would be assessed under Income from House Property. Accordingly, the appeal was dismissed against which the assessee is in further appeal before us. ITAT find that commission income would not come […]

Urgency to accept cash payment against sale of property- ITAT deletes penalty

November 7, 2022 2400 Views 0 comment Print

Due to paucity of time, the urgency and considering various factors that go into finalizing the transaction, the assessee was forced to accept cash to go ahead with the execution of the sale deed. The above facts clearly stipulated a `reasonable cause’ as mandated u/s 273B of the I.T.Act for violation of the provisions of section 269SS of the I.T.Act.

Issue Guideline to deal with pending cases after IBC Proceedings initiation- CESTAT to CBIC

November 7, 2022 1209 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs C.C. Jamnagar (Prev) (CESTAT Ahmedabad) CESTAT observed that IBC proceedings are being initiated against many companies who are either appellant or respondent in the appeals pending before this tribunal. We observed that the revenue-department has no proper guideline as to what stand is to be taken in a case where […]

ITAT set-aside Assessment Order Passed against Non-Existing Entity

November 7, 2022 672 Views 0 comment Print

Culver Max Entertainment Private Limited Vs ACIT (ITAT Mumbai) – validity of assessment order passed in the name of a Non-existing entity.

Cenvat credit cannot be denied for service tax payment as a recipient instead of as a service provider

November 7, 2022 1395 Views 0 comment Print

CESTAT find that cenvat credit was denied to appellant on the ground that service tax was paid by appellant as a recipient whereas, it was supposed to be paid by service provider

Advance pricing agreement is applicable only to specified assessment years

November 7, 2022 798 Views 0 comment Print

ITAT held that advance pricing agreement APA is applicable only for specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section (9A)

Addition for cash deposit During Demonetisation – ITAT allows assessee to substantiate source of cash deposit

November 7, 2022 654 Views 0 comment Print

Devarajulu Natarajan Vs ITO (ITAT Chennai) Ld. CIT(A), noted that post demonetization, cash deposited in State Bank of Hyderabad was only Rs.2.50 Lacs and cash deposited in Canara bank was Rs.6 Lacs only. Accordingly, the addition was restricted to Rs.8.50 Lacs. Aggrieved, the assessee is in further appeal before us. The Ld. AR pleaded for […]

Section 271F penalty not applicable if Income was below taxable limit

November 7, 2022 6222 Views 0 comment Print

Kanhaiya Lal Lalwani Vs ITO (ITAT Jaipur) It is noted that the cost of acquisition of plot as per the assessee was Rs. 555/- purchased on 16-04­-1999 and thereafter addition/ improvement of Rs.3,41,000/- was made. In my view, if these benefits were allowed to the assessee then in that eventuality the capital gain arose on […]

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