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Archive: 21 December 2022

Posts in 21 December 2022

Delay in filing return due to genuine hardship faced by tax consultant eligible for condonation

December 21, 2022 12135 Views 0 comment Print

HC held that genuine hardship faced by tax consultant which led to omission of timely filing of petitioner’s return sufficient cause for condonation of delay under section 119(2)(b)

HC directs department to issue rectified C-Forms subject to verification of entitlement

December 21, 2022 1452 Views 0 comment Print

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court) The HC directed the Revenue Department to issue the rectified C-Forms, subject to the verification of entitlement on merits, without being burdened with issue concerning limitation. The petitioner is a telecom service provider. It undertook inter-state sales (C Forms). There was an error. […]

Analysis of MAP Under FT&TR

December 21, 2022 4944 Views 2 comments Print

Gain insights into Indias Mutual Agreement Procedure (MAP) and the Double Taxation Avoidance Agreement (DTAA) with Analysis of MAP Under FT & TR. Understand cross-border tax resolution and related tax disputes between countries in this guide.

GST on collection of samples for diagnostic testing by a laboratory

December 21, 2022 44013 Views 3 comments Print

GST on collection of samples for diagnostic testing: Understand the implications of entry no. 74 of N 12/2017-CTR-28.06.2017 on healthcare services & collection of samples for diagnostic testing.

Cenvat Credit eligible on inputs used in manufacturing of trial batches of medicament

December 21, 2022 1017 Views 0 comment Print

The assessee is entitled to avail Cenvat Credit in respect of inputs and packaging material used in manufacturing of trial batches of medicament.

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 1935 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

Revenue Department has discretion to allow/disallow redemption of prohibited hazardous waste

December 21, 2022 651 Views 0 comment Print

HC upheld order passed by Revenue Department confiscating the waste oil and imposing the penalty on import of the same. Held that, re-export of imported waste oil is not allowable as it is prohibited under the Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008

Show cause notice issued in routine manner cannot be considered a valid notice

December 21, 2022 7701 Views 0 comment Print

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]

ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

December 21, 2022 1875 Views 0 comment Print

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]

Order passed after due application of mind cannot be subjected to section 263 proceeding  

December 21, 2022 1590 Views 0 comment Print

AO has clearly conducted the enquiry and revenue did not pin point the error on the part of the assessing officer the order passed after due application of mind cannot be subjected to proceeding u/s. 263 of the Act.

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