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Archive: 14 November 2022

Posts in 14 November 2022

Exclusion of an industrial area from limits of municipal council would not cease it to be a ‘local area’: SC

November 14, 2022 2514 Views 0 comment Print

SC held that the exclusion of an industrial area or areas from the limits of municipal councils or municipalities under the state laws in exercise of statutory power or by virtue of a declaration under proviso to Article 243-Q, would not result in that area ceasing to be a local area within Entry 52 of List II.

Exemption u/s 54 of Income Tax Act includes more than one residential house

November 14, 2022 13254 Views 0 comment Print

ITAT Chennai held that capital gain exemption under section 54 of the Income Tax Act includes investment in purchase or construction of one or more than one residential house

Appeal in form No. 35 cannot be dismissed for mere wrong mention of section of assessment order

November 14, 2022 1764 Views 0 comment Print

G-Trans Logistics (India) Pvt. Ltd. Vs Income Tax Officer (ITAT Delhi) CIT(A) dismissed the appeal just on the ground that in Form No.35, the section of assessment order mentioned is 144 instead of 143(3). In his opinion of Ld. CIT(A) this is an incurable defect. Ld. CIT(A) has not specified under which law, it is […]

No addition in the hands of non-Resident merely based on ‘base note’

November 14, 2022 1467 Views 0 comment Print

DCIT Vs Manish Vijay Mehta (ITAT Mumbai) Undisputedly, in this case, the assessee is a nonresident from A.Y. 2001­-02 and has been working as an employee in Belgium. He is having the income of interest on fixed deposits in India and is filing the return of income since A.Y. 2003-04 showing residential status as non-resident. […]

Registration and login on GST e-invoice portal: FAQs

November 14, 2022 120177 Views 0 comment Print

GENERAL Q.1 What are the methods/modes of e-invoice generation? Ans. There are two modes/methods of e-invoice generation. First one is using the offline/excel tool Second one is using the API mode – directly or through GSPs. Q.2 What are the access mechanism for the e-invoicing system? Ans. There are two access mechanism for e-invoicing system. […]

NFRA introduces audit quality inspections

November 14, 2022 2415 Views 0 comment Print

The National Financial Reporting Authority (NFRA) has published its audit quality inspection guidelines  as a step towards  further  improving the quality of audit profession. The inspection guidelines are on the lines of the best practices followed by International Audit Regulators. In fact, Audit quality inspections are integral to the functioning of independent audit regulators, world-wide. […]

Application’s common-portal filing date is “relevant” when construing limitation

November 14, 2022 738 Views 0 comment Print

HC ruled that date of filing of application by assessee on common portal would be treated as date of filing of claim for refund to satisfaction of requirement of Section 54 of CGST Act and Rule 89 of CGST Rules.

Section 263 order cannot be passed on issue already examined in assessment

November 14, 2022 2256 Views 0 comment Print

Time City Real Estates (India) Limited Vs PCIT (ITAT Lucknow) In the present case, ITAT noted that the Assessing Officer had carried out sufficient enquiries and this is not even a case of lack of enquiry. Further the Hon’ble Supreme Court in the case of Malabar Industrial Co. has held that for assumption of jurisdiction […]

Compassionate appointment application post several years from death of deceased employee is impermissible

November 14, 2022 2784 Views 0 comment Print

Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable

Set of provisions on which trust registration was granted cannot be taken as base for cancelling the same registration

November 14, 2022 1332 Views 0 comment Print

Jharkhand High Court held that once registration has been granted under section 12AA after satisfying about genuineness of the activities of the Trust, the same cannot be cancelled on the basis of the same set of provisions of the Trust.

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