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Archive: 04 January 2023

Posts in 04 January 2023

ITAT upheld disallowance of expenditure not proved/supported by relevant bills

January 4, 2023 1245 Views 0 comment Print

Print Plus Private Limited Vs ITO (ITAT Mumbai) Brief facts is that the AO noticed from perusal of Tax Audit Report that the appellant/assessee had paid remuneration to directors amounting to Rs. 23,26,200/-. However, it was noticed that an amount of Rs.36,00,600/- was debited to Profit & Loss account instead of Rs. 23,26,200/-. On a […]

No service tax on sharing of revenues in any joint venture between two entities or persons

January 4, 2023 1209 Views 0 comment Print

Divya Yog Man Dir Trust Vs Commissioner of Central Excise (CESTAT Delhi) The demand under this head was made only against the appellant Divya Yog Mandir Trust on the amount received by it from M/s. Rajashri Media Pvt. Ltd. for grant of exclusive rights to all audio, visual, audio-visual and text materials of Divya Yog […]

Deduction u/s 80P(2)(d) available to co-operative society for interest earned from investment with co-operative bank

January 4, 2023 4347 Views 0 comment Print

ITAT Pune held that interest income of co-operative society from investments/ deposits parked with co-operative bank is allowable as deduction to co-operative society under section 80P(2)(d) of the Income Tax Act.

Disallowance u/s 40A(3) sustainable as cash payment exceeds INR 20,000 to single party in single day

January 4, 2023 2913 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40A(3) of the Income Tax Act sustainable as aggregate of the payments made to a single party otherwise by an account payee cheque drawn on a bank or account payee bank draft exceeds Rs.20,000/-in a day.

Orders cannot be set aside on mere whims & fancies of Revisionary Authority

January 4, 2023 543 Views 0 comment Print

On facts we find that issues have been enquired into at length by AO and orders cannot be set aside on mere whims & fancies of Revisionary Authority

ITAT directs CIT(A) for further adjudication after considering assessee’s submission

January 4, 2023 537 Views 0 comment Print

ITO Vs Sh. Subash Chander (ITAT Amritsar) It is prayed that all the assessment years need to be considered cumulatively by lower authorities taking into account not only the evidence already on record but also by allowing assessee to provide further evidence in support of his submissions because the entire proceedings have been carried out […]

GST on construction of CBD Railway station, commercial complex, boundary etc.

January 4, 2023 1380 Views 0 comment Print

In re Shreejikrupa Project Limited (GST AAR Chhattisgarh) Applicability of GST rate of 12% on receipt of contract for new construction of CBD railway station, platform, parking, building and all other civil construction within the boundary of station as per entry no.3 (V) of Notification No.11/2017 – Central tax (Rate) dated .28.06.2017. Here in the […]

GST on sale of coal reject by a power plant of CSPGCL

January 4, 2023 1257 Views 0 comment Print

Applicability of GST notification no. 02/2018 compensation cess (Rate) date 26-07-2018 on sale of coal reject by a power plant of Chhattisgarh state power generation company limited?

ITC on goods & services used for lying of cross – country pipeline nearby river

January 4, 2023 1524 Views 0 comment Print

In re National Mineral Development Corporation Limited (GST AAR Chhattisgarh) AAR held that M/s NMDC, the applicant is not eligible to Input tax credit of GST paid on goods and services used for laying of cross-country pipe line outside the factory premises of the applicant. The applicant is also not eligible to Input tax credit […]

MCA imposes penalty on Auditors for failure to comment on shareholding in excess of 5%

January 4, 2023 31782 Views 0 comment Print

As per Section 129(1) of the Companies Act 2013, the Financial Statements shall give true and fair view of the state of affairs of the Company, comply with the accounting standards notified under section 133 and be in form as provided in Schedule III. For each class of equity share capital as per Schedule III […]

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