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Archive: 26 December 2022

Posts in 26 December 2022

साइबर सुरक्षा इंश्योरेंस: समय की मांग 

December 26, 2022 825 Views 0 comment Print

जिस स्तर पर साइबर फ्राड, धोखाधड़ी और ठगी पूरे देश में फ़ैल रही है, इसके लिए जरूरी हो गया कि: १. साइबर लेनदेन में जागरूकता २. साइबर सुरक्षा के नियमों की जानकारी ३. साइबर सुरक्षा इंश्योरेंस पहला, यह सरकार और वित्तीय संस्थानों की जवाबदेही होगी कि लोगों को साइबर माहौल में वित्तीय लेनदेन में क्या […]

Tax authorities can initiate afresh proceeding if earlier proceeding was invalid

December 26, 2022 1851 Views 0 comment Print

Calcutta High Court held that Income Tax authorities can initiate afresh proceedings if the previous proceeding were invalid as per law.

Transportation cost separately charged should not forms part of assessable value

December 26, 2022 1533 Views 0 comment Print

CESTAT held that transportation charges collected by way of issuing additional invoice cannot be included in the assessable value of goods for levying excise duty.

WAQF Act, 1995 – An Overview & Statutory Bodies

December 26, 2022 4824 Views 0 comment Print

Waqf in India is governed under the Waqf Act of 1995. Although, there is no express mention of waqf in the Quran, it is an Islamic practice that has existed for a very long time.

HC quashed section 148 notice issued more than six years after the end of relevant AY

December 26, 2022 4743 Views 0 comment Print

Stalco Consultancy & Systems Private Limited Vs PCIT (Orissa High Court) HC relied on the Supreme Court judgment in Union of India v. Ashish Agarwal and quashed notices under Section 148 of the Act which were issued prior to 1st April, 2021 but beyond the period of six years after the expiry of the relevant […]

HC upheld section 68 addition as Assessee failed to prove 3 conditions

December 26, 2022 1662 Views 0 comment Print

Considering the provision of Section 68 that the assessee has to prove three conditions i.e. (i) identity of the creditor; (2) capacity of such creditor to advance money; and (iii) genuineness of the transactions. If all the aforesaid three conditions are proved, the burden shifts on the revenue to prove that the amount belong to the assessee. However, the assessee cannot be asked to prove source of source or the origin of origin.

Rejection of GST registration solely for delay in moving revocation application, is not sustainable

December 26, 2022 822 Views 0 comment Print

Umesh Kumar Vs State Of U.P. And 3 Others (Allahabad High Court) The purpose of inserting the provision under Rule 23 of GST Rules, 2017 as to service of notice upon the assessee is to provide an opportunity to him to move a revocation application so as to save the registration from being cancelled permanently […]

Declaration of commission income under presumptive provisions & Double addition by CPC- ITAT refers matter back to AO

December 26, 2022 13299 Views 0 comment Print

Pramod Kumar Tiwari Vs DCIT (ITAT Allahabad) in the case in hand, the assessee has admittedly filed the return under wrong provisions of presumptive tax under section 44ADA whereas the commission income as reflected in Form 26AS is subjected to TDS under section 194H and is required to be declared in Form ITR 3 as […]

Addition for LTCG on Sale of Penny Stock without Cogent evidence is invalid

December 26, 2022 1881 Views 0 comment Print

PCIT Vs Karuna Garg (Delhi High Court) PCIT states that ITAT has erred in deleting the additions on account of bogus Long-Term Capital Gain on sale of penny stock company namely M/s Goldline International Finvest Ltd. on the ground that the assessing officer has not made independent enquiry. ITAT held that In the absence of […]

Mere issuance of SCN or letters of personal hearing is not adequate

December 26, 2022 3318 Views 0 comment Print

HC held that Mere issuance of show cause notice or letters of personal hearing to an assessee is not adequate. Assessing Officer is required to record a finding that notices were issued and served upon the assessee but despite service of notice the assessee did not come forward to contest the proceeding.

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