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Archive: 31 December 2022

Posts in 31 December 2022

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3867 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 14, 2024 3501 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Pendency of Rectification application – Immunity from prosecution & penalty – HC grants interim relief

December 31, 2022 2727 Views 0 comment Print

Kusharaj Madhav Bhandary Vs ITO (Bombay High Court) It is the case of the Petitioner that the Order of the assessment was passed on 30 March 2022, in which a demand was raised against the Petitioner. The said Order of assessment was not challenged by the Petitioner. With a view to seek benefit of immunity […]

Amount shown in 26AS only should be taken into consideration instead of TDS certificate: HC

December 31, 2022 4698 Views 0 comment Print

Whether the Learned Income Tax Appellate Tribunal erred in law in holding that the amount shown in 26AS only should be taken into consideration even when the TDS certificate indicates a higher receipt ?

Mere incorrect claim based on full disclosures cannot be reassessed after four years

December 31, 2022 1446 Views 0 comment Print

AO could have taxed the accrued income or re-opened the assessment within four years. A mere incorrect claim based on full disclosures cannot be reassessed after four years by invoking sections 147 and 148 of the IT act.

Tax from dealer/ manufacturer of motor vehicles based on total vehicles possessed and registered is ultra vires of OMVT Act

December 31, 2022 477 Views 0 comment Print

Orissa High Court held that circular dated 29th March 2016 issued by the Transport Commissioner-cum-Chairman, State Transport Authority is ultra vires of Odisha Motor Vehicles Taxation Act, 1975 OMVT Act and liable to be quashed. The circular directed to collect tax from the dealers/manufacturers of motor vehicles on the basis of total number of vehicles possessed and registered during the entire year by the dealer.

Refund claim should not be rejected due to deficiency of GST network/software

December 31, 2022 1371 Views 0 comment Print

HC held that the Assessees are not to be dragged to the Court when in fact there is nothing for the Court to adjudicate except pointing out to the limitation of the software of the Revenue Department, in a matter challenging the non-issuance of the refund. Further held that, refund claim should not be rejected due to the deficiency of GSTN and thus allowed the refund claim of IGST with interest at the rate of 6 percent.

A Poetic Tribute to Landmark Judgments of Supreme Court in Year 2022

December 31, 2022 4332 Views 1 comment Print

SCs landmark judgments in Year 2022: Poetic Tribute to UOI vs Ashish Agarwal case, 148 notices, and more! optimize for revenue-fall prevention on Google.

Capital Gains Arising In The Event of Liquidation – Analysis

December 31, 2022 15267 Views 0 comment Print

Understand the provisions of Section 46 of The Income Tax Act ,1961 to know Capital Gains Arising In The Event of Liquidation – Analysis. Two cases, no exemption & liable to pay taxes on gains. Read more!

Classification of Custom made silos based on purchase orders placed by customers

December 31, 2022 1722 Views 0 comment Print

B.G. Shirke Construction Technology Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Appellant manufactures silos for storage of food grains. Custom made silos based on purchase orders placed by customers. It classified under chapter heading 84379090. Revenue contended it is a “prefabricated building” falling under chapter heading 94060099. Show cause notices were issued and […]

CCI cannot direct further investigation where DG has reported contravention of Competition Act

December 31, 2022 1806 Views 0 comment Print

NCLAT Delhi held that Competition Commission of India (CCI) can only direct further investigation in a case of closure and not where DG has submitted report showing contravention of Competition Act 2002 by parties.

Statutory provisions should be interpreted considering the legislative intention

December 31, 2022 1110 Views 0 comment Print

Supreme Court held that where the plain literal interpretation of a statutory provision produces a manifestly absurd and unjust result which could never have been intended by the Legislature the Court may modify the language so as to achieve the obvious intention of the Legislature.

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