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Archive: 03 January 2023

Posts in 03 January 2023

Relaxation with respect to conducting of EGMs & Postal Ballots

January 3, 2023 3864 Views 0 comment Print

Learn how Indian Companies have been granted extension to conduct Extraordinary General Meetings (EGMs) and Postal Ballots through Video Conferencing (VC) or Other Audio Visual Means (OAVM) until September 30, 2023

Kerala VAT- HC set-aside Order against legal heirs without any notice to them

January 3, 2023 822 Views 0 comment Print

Sreeram. B. Vs Sales Tax Officer (Kerala High Court) A perusal of Ext.P6 order of the 1st respondent does not reveal that the order was issued after affording any opportunity of hearing to the legal heirs of late Bhagavathirajan. The registration of the dealer was cancelled from 12.05.2022 on account of the death of late […]

HC allows release of goods subject to payment of GST

January 3, 2023 624 Views 0 comment Print

Sheetal Jain Vs State Tax Officer (Kerala High Court) Petitioner has approached this Court being aggrieved by Ext.P12 order issued under Section 130 of the CGST/SGST Acts and Ext.P15 appellate order confirming Ext.P12 order. The grievance of the petitioner is that in the absence of the Appellate Tribunal, the petitioner is unable to avail the […]

ITAT deletes addition for ESI contribution due to Typographical Mistake In writing year of deposit

January 3, 2023 519 Views 0 comment Print

Crawley & Roy Founders Engineers Pvt. Ltd Vs DCIT (ITAT Mumbai) In respect of addition made for delay in depositing of employees’ contribution to ESI, from the perusal of Form 3CD, we note that there is a typographical mistake in writing the year of deposit which has been mentioned as 2018 instead of 2017 as […]

CRS installed via computers at premises of subscribers is fixed place of business in India

January 3, 2023 426 Views 0 comment Print

ITAT Delhi held that CRS, which was the source of revenue, was partially existent in the machines namely various computers installed at the premises of the subscribers. As assessee exercised complete control over the computers installed at premises of the subscribers. This amounted to a fixed place of business for carrying on the business of the enterprise in India.

Different opinion, not gives jurisdiction to exercise revisional power u/s 263

January 3, 2023 309 Views 0 comment Print

Only because the ld Pr. CIT being a higher authority and more wiser in experience considered that enquiry in some other aspects would have resulted in different opinion, does not give jurisdiction to exercise revisional power u/s 263. That being so the grounds raised are allowed and the impugned order of revisional authority is set aside.

Completion of assessment based on notices served to e-mail address of dissolved firm is unsustainable

January 3, 2023 1251 Views 0 comment Print

Kerala High Court held that completion of the assessment on the basis of best judgment alleging that petitioner had not responded to pre-assessment notice is unsustainable as the notices were served to the e-mail address of the dissolved firm.

Cash deposited out of FD maturity proceeds of father cannot be treated as unexplained

January 3, 2023 1338 Views 0 comment Print

M. Vijayakumar Vs ITO (ITAT Chennai) We noted that the CIT(A) has not doubted the source of maturity of assessee’s father FDs of Rs.8 lakhs which was withdrawn on 01.11.2016. Admittedly, the assessee made deposit on 10.11.2016 in cash, this amount of Rs.8 lakhs. The only dispute is confirmation, which now the assessee confirmed by […]

Deemed Dividend – ITAT allows appellant to submit additional evidences before AO

January 3, 2023 630 Views 0 comment Print

Sanjay Subhashchand Gupta Vs DCIT (ITAT Mumbai) Assessee contended that the impugned amounts were taken for the purpose of business activities of the company and the advance of Rs.14,44,730/- from M/s. Rustogi Logistic Pvt. Ltd. and Rs.3,35,38,660/- from M/s. Rustogi Projects Private Limited and the same was received as business advances. The ld. AR further […]

Benefit of concessional rate of customs duty for importing equipment for its solar power project – HC grants interim relief

January 3, 2023 879 Views 0 comment Print

A perusal of the communication dated 21.11.2022 would show that the benefit of the concessional rate of customs duty available to the petitioner for importing equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986

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