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Archive: 21 December 2022

Posts in 21 December 2022

ICAI has suo moto powers to initiate disciplinary actions against CAs without written complaint

December 21, 2022 3189 Views 0 comment Print

HC held that ICAI can exercise Suo Moto powers and initiate disciplinary proceedings against its member Chartered Accountants without a written complaint.

Interest payable u/s 35FF as pre-deposit amount not refunded within prescribed limit

December 21, 2022 6213 Views 0 comment Print

CESTAT Delhi held that interest @6% per annum is payable u/s 35FF of the Excise Act in case the amount of pre-deposit is not refunded within three months of the date of communication of the order of the Tribunal.

Disallowance of entire bogus purchase unjustified as corresponding sale of finished product taxed

December 21, 2022 7293 Views 0 comment Print

ITAT Ahmedabad held that only certain percentage of alleged bogus purchases should be disallowed. Disallowance of entire alleged bogus purchase unjustified when corresponding sale of finished product has been subjected to tax.

Draft Food Safety and Standards (Vegan Foods) Amendment Regulations, 2022

December 21, 2022 1131 Views 0 comment Print

Draft regulations 1. These regulations may be called the Food Safety and Standards (Vegan Foods) Amendment Regulations, 2022. 2. In the Food Safety and Standards (Vegan Foods) Regulations, 2022, in regulation 4, for sub regulation (2), the following shall be substituted, namely:-

Bitumen/ bitumen emulsion/ cut back bitumen/ modified bitumen are mineral oil u/s. 80IB(a)

December 21, 2022 1602 Views 0 comment Print

ITAT Mumbai held that bitumen, bitumen emulsion, cut back bitumen, modified bitumen produced by the assessee certainly fall in the category of “mineral oil” for the purpose of section 80IB(a) of the Income Tax Act, 1961.

Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 2469 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

Revisionary order violating CBDT instruction no. 3/2016 is unsustainable

December 21, 2022 2844 Views 0 comment Print

ITAT Kolkata held that CBDT instruction no. 3/2016 exempt referring the specified domestic transactions with AE to TPO. Thus, revisionary order directing AO to pass fresh assessment order after making reference to TPO is unsustainable.

Addition u/s 69A towards cash deposit unsustainable as it is income from PMGKY Scheme supported by valid declaration

December 21, 2022 1602 Views 0 comment Print

ITAT Delhi held that addition u/s 69A of the Income Tax Act unsustainable as cash deposit of INR 4.50 cr. is income under the scheme Pradhan Mantri Garib Kalyan Yojana (PMGKY) and the same is cleared by a valid declaration under the scheme.

Power incentive by West Bengal Government is capital receipts

December 21, 2022 1032 Views 0 comment Print

ITAT Delhi held that power incentive granted by the Government of West Bengal is actually given for sole intention of setting up new industry and attractive private investment and hence the same is capital receipts and not chargeable to tax.

Delayed employees PF remittance -Power to disallow u/s 143(1)- Effect of SC decision

December 21, 2022 4494 Views 1 comment Print

Delayed employees PF remittance Supreme Court decision in Checkmate Services – Under s.143(1), power to disallow. Tribunal decisions divergent.

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