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Archive: 25 November 2022

Posts in 25 November 2022

No addition on basis of application of Sec 43CA in absence of element of transfer

November 25, 2022 1869 Views 0 comment Print

Income tax addition could not be made under section 43CA in absence of element of transfer. When assessee was not an owner of any asset, there couldn’t be any question of transferring the same to someone else whether provisions of sec43CA was complied with or not would be a secondary issue.

Margin Scheme under GST – Detailed Analysis

November 25, 2022 16164 Views 0 comment Print

Understand the Margin Scheme under GST in detail how it works, when it applies, and the conditions for opting in. A comprehensive analysis of GST for second-hand goods.

DVO applying CPWD rates instead of State PWD rates is untenable

November 25, 2022 2409 Views 0 comment Print

ITAT Delhi held that addition based on DVO report regarding construction of cost of property unsustainable as DVO applied CPWD rates, however, it is settled law that State PWD rate is better guiding factor for arriving at cost of construction of the property.

Addition towards unexplained investment sustained in absence of explaining source of investment

November 25, 2022 1392 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained investment sustained as assessee couldnt explain the source of investment. Onus is on the assessee to explain the source of investment.

Non-deduction of TDS will not attract penal interest u/s 201 if primary liability is discharged by recipient

November 25, 2022 5082 Views 0 comment Print

If the recipient of income has deposited tax timely in the form of advance tax to revenue, there is no loss suffered to revenue, and no liability for penal interest can be invoked.

Deduction u/s 36(1)(viia) is available on total outstanding advances at the end of each month including opening balances

November 25, 2022 2028 Views 0 comment Print

ITAT Mumbai held that deduction u/s 36(1)(via) is to be allowed on the total outstanding advances at the end of each month considering the opening balances.

Notification No. 02/2022-Union territory Tax | Dated: 25th November, 2022

November 25, 2022 1479 Views 0 comment Print

CBIC notifies member for the Authority for Advance Ruling in the Union Territory of Chandigarh vide Notification No. 02/2022-Union territory Tax | Dated: 25th November, 2022 MINISTRY OF FINANCE (Department of Revenue) New Delhi, Notification No. 02/2022-Union territory Tax | Dated: 25th November, 2022 G.S.R. 849(E).—In exercise of the powers conferred by section 15 of […]

CBIC amends certain specific FTA/PTA notifications

November 25, 2022 1719 Views 0 comment Print

CBIC amends 5 Customs Notifications w.r.t imports of Flat panels, Display modules, or Control circuits into India from Singapore vide Notification No. 61/2022-Customs | Dated: 25th November, 2022 GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 61/2022-Customs | Dated: 25th November, 2022 G.S.R. 848(E).— In exercise of the powers conferred by sub-section […]

One-time relaxation for submission of hard copy of applications for claiming TMA

November 25, 2022 1194 Views 0 comment Print

One-time relaxation for submission of hard copy of applications for claiming assistance under the erstwhile ‘Transport and Marketing Assistance (TMA) for Specified Agriculture Products’ Scheme (foreclosed by Department of Commerce w.e.f. 31.03.2021)

Rejection of GST refund towards E-rickshaw – HC remand matter back to AO

November 25, 2022 2196 Views 0 comment Print

R3 Enterprises and Anr Vs Deputy Commissioner of State Tax (Calcutta High Court) This application has been filed in connection with the main writ petition drawing attention of the court about a Circular dated 3rd August, 2022 being No. 179/11/2022-GST issued by the Government of India, Ministry of Finance and relying on such Circular petitioners […]

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