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Archive: November, 2022

Posts in November, 2022

Addition on account of cash deposit without disproving cash flow statement is invalid

November 15, 2022 3246 Views 0 comment Print

ITAT held that Once cash flow statement is not controverted by the Assessing Officer as well as the ld. CIT[A], the addition of such cash deposit is not valid

SC ruling on Section 194H TDS on actual gross fare charged by travel agents

November 15, 2022 15804 Views 0 comment Print

Singapore Airlines Ltd. Vs CIT (Supreme Court) Whether an airline is responsible for deducting tax at source in respect of supplementary commission which an agent is paid on the difference between the actual fare and the net fare- Section 194H of Income-tax Act, 1961 analyses including whether liability to deduct when the tax can be […]

Assessment order is invalid if notice not served to assessee: ITAT Mumbai

November 15, 2022 6720 Views 0 comment Print

Due to invalid notice service and non-service of notice to assessee, the assessment order made by AO is therefore bad in law and subject to being quashed.

GST on printing service where content is supplied by recipient along with raw materials

November 15, 2022 20655 Views 0 comment Print

In re Dachepalli Printers (GST AAR Telangana) What is the rate of tax under CGST & SGST on the service of the printing in cases where content is supplied by the recipient along with raw materials such as paper & cover board? 1. Where content as well as physical inputs are supplied by the recipient […]

Addition of unaccounted profit on estimation basis in trading/ manufacturing of diamonds restricted to 10%

November 15, 2022 1623 Views 0 comment Print

ITAT Surat held that the addition on account of unaccounted profit on estimation basis, in trading/ manufacturing of diamonds, restricted at 10% of the sales in view of CBDT instructions vide circular no. 2/2008 dated 22nd February 2008.

Job work of manufacturing chocolates falls under SAC code 998816

November 15, 2022 9094 Views 0 comment Print

Applicant contended that they are Job work provider doing job work of manufacturing chocolates (food product falling under Chapter 19 of customs tariff Act) with inputs provided by the job work receiver. Their service is coming under SAC Code 9988 with applicable tax rate of 5%

Attachment under Prevention of Money Laundering Act is outside the scope of moratorium under Insolvency and Bankruptcy Code

November 15, 2022 3852 Views 0 comment Print

Delhi High Court held that attachment under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA) does not result in the effacement of rights in property, it would clearly stand and survive outside the scope of a moratorium that comes into effect in terms of section 14 of Insolvency and Bankruptcy Code, 2006.

Assessee needs to establish genuineness of deposit during demonetization

November 15, 2022 2799 Views 0 comment Print

ITAT Bangalore held that each and every deposit during the demonetization period would not fall under the category of unaccounted cash. However the burden is on the assessee to establish the genuineness of the deposit in order to fall outside the scope of unaccounted cash.

Purchase of business rights covered within meaning of ‘intangible asset’ is eligible for depreciation

November 15, 2022 1830 Views 0 comment Print

Delhi High Court held that the consideration for the purchase of marketing and business rights for a period of twenty years is capital in nature and constitutes an intangible asset within the meaning of section 32(1)(ii) of the Income Tax Act and therefore eligible to claim depreciation.

Framing of block assessment based on only statement recorded u/s 132(4) is unsustainable

November 15, 2022 1473 Views 0 comment Print

Delhi High Court held that AO is not empowered to frame block assessment merely on the basis of statement recorded u/s 132(4) without reference to any other material discovered during the search and seizure operations.

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