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Archive: 01 December 2022

Posts in 01 December 2022

How To Claim Income Tax Refund

December 1, 2022 12612 Views 0 comment Print

Earlier taxpayer has to visit many times in Income-tax office and has to sought help of professionals to get the refund but now due to advancement in technology and faster processing of returns taxpayers are getting income tax refunds faster.

AGM Resolution for Re-appointment of Statutory Auditors/Director of Company etc

December 1, 2022 40605 Views 1 comment Print

Learn how to draft AGM resolutions for the re-appointment of statutory auditors and directors. Get expert guidance for a smooth and compliant process.

HC direct authorities to reset/reopen GST portal to rectify inadvertent mistake in filing GST TRAN-1 form

December 1, 2022 990 Views 0 comment Print

Jagdalpur Motors Vs Union of India (Chhattisgarh High Court) HC held that undoubtedly the petition became entitled for submitting of his Form Tran-1 and Tran-2 in terms of the order of the Supreme Court in case of Union of India Vs. Filco Trade Centre (Supra). It is also an admitted factual position that the period […]

Section 194A TDS not deductible on interest Payment to Members by Co-Op Bank

December 1, 2022 1494 Views 0 comment Print

Mahesh Urban Co-Operative Bank Ltd Vs ACIT (ITAT Pune) ITAT held that a co-operative bank/ assessee has no liability to deduct TDS on interest payments made to members. We thus delete the impugned section 194A r.w.s. 40 (a)(ia) disallowance of Rs. 2,00,095/- in very terms therefore. FULL TEXT OF THE ORDER OF ITAT PUNE 1. […]

Penalty u/s 112(a) of Customs Act reduced as appellant behaved in good faith

December 1, 2022 1113 Views 0 comment Print

CESTAT Delhi held that as evidenced, appellants believed Sh. Rajan Arora in good faith and were also not aware about the mis-declaration/ under-valuation of the goods imported. Hence, penalty u/s 112(a) of the Customs Act reduced from INR 12 Lakhs to INR 50,000.

Reasons recorded for reopening of assessment must meet judicial scrutiny

December 1, 2022 2115 Views 0 comment Print

DCIT Vs Reliance Industrial Holdings Pvt Ltd (ITAT Mumbai) In the cases of the reopened assessments first and foremost one has to see the reasons recorded for reopening the assessment, as these are the reasons which give jurisdiction to the Assessing Officer for initiating, and proceedings with, the reassessment. The reasons so recorded must meet […]

HC Cannot Exercise Power of Remission Itself : SC

December 1, 2022 600 Views 0 comment Print

We are in agreement with the submission of learned counsel for the petitioner in this behalf that it was not within the domain of judicial review for the learned judge to have himself exercised the power of remission.

Cenvat Credit eligible on duty paid on import through utilization of DEPB scrips

December 1, 2022 834 Views 0 comment Print

Desmet Reagent Pvt. Ltd Vs Commissioner of Central Goods (CESTAT Delhi) Appellant urges that there is no disability provided under Rule 3 of CCR that Cenvat Credit shall not be available, if the duty is paid in the case of import through utilization of DEPB scrips. Rather Rule 9 of CCR specifically provides that one […]

CESTAT removes condition of testing in VRDE for release of vehicle complying stipulations for operation & running on Indian roads

December 1, 2022 624 Views 0 comment Print

Sai Charan Tours & Travels Vs Commissioner of Customs (CESTAT Mumbai) The only issue before us is the mandate to produce the certificate insisted upon as condition for provisional release from among the prescriptions in the licencing notes pertaining to imported vehicles. The Tribunal, in Excellent Betelnut Products Pvt Ltd v. Principal Commissioner of Customs, […]

No penalty for non-compliance when Assessment was made after considering reply of assessee

December 1, 2022 4623 Views 0 comment Print

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad) In this case assessee has not only replied the notice but also replied to the letter issued by AO. After considering the reply of the assessee, the Assessing Officer framed the assessment under section 143(3) on 28th December, 2019. Once the assessee has made the compliance though […]

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