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Archive: 09 January 2023

Posts in 09 January 2023

Interim relief in terms of deposit of fine along with penalty was granted for release of goods and conveyance in absence of following due procedure prescribed u/s 129

January 9, 2023 813 Views 0 comment Print

Interim relief in terms of deposit of fine in lieu of confiscation of vehicle being Rs. 2,50,062/- with penalty of Rs. 5,00,124/- under Section 129(1a) which included 200% of the tax amount and bond value against the release of the goods to the tune of Rs. 13,89,224/- as per GST MOV-10 should be furnished by assessee for release of the goods detained/ seized under that Section and  no coercive steps or further order under Section 130 should be passed

No addition u/s 68 could be sustained if sales were made out of stock-in-trade

January 9, 2023 6462 Views 0 comment Print

If the cash sales and receipts were duly supported by relevant bills which were produced in the course of assessment proceedings, addition U/s 68 was unwarranted. Where cash sales transaction was recorded in regular books of accounts, sales were made out of stock-in-trade then no addition U/s 68 could be sustained.

Order passed without opportunity to AO to ascertain correct fact is liable to be set aside

January 9, 2023 654 Views 0 comment Print

ITAT Jaipur set aside the CIT(A) order as the same being non-speaking and cryptic order which is passed against the principles of natural justice as opportunity to the AO to ascertain the correct fact was not granted.

No deduction u/s 37(1) for expenses incurred by doctor on organizing musical programme, sponsoring garba event and gifts to fellow doctors

January 9, 2023 1296 Views 0 comment Print

Expenses incurred by assessee-doctor on organizing musical programme for his professional colleagues, sponsoring garba event organized in the society where he resided and gifts given to fellow doctors on the occasion of marriage or diwali could not be said to be allowable under section 37 for computing his taxable income as all these expenses, could not be said to have been incurred wholly and exclusively for the profession of the assessee so as to qualify for deduction u/s 37(1).

Tax evasion is liable to be punished under criminal charges with substantial penalties

January 9, 2023 924 Views 0 comment Print

Madras High Court held that as taxes are the main source of income for the Government to concentrate on the welfare of the people companies/firms/entities which evade payment of tax are liable to be punished under criminal charges with substantial penalties.

Assessee not responsible for TDS deducted but not deposited by deductor

January 9, 2023 5466 Views 0 comment Print

Is it possible for an assessee to be held responsible for the undeposited withheld tax if the person or entity that withheld the tax from the assessee’s income failed to do so?

Consumers/Unregistered persons can now file GST refund claim for cancelled contracts

January 9, 2023 3462 Views 2 comments Print

Government has now made changes in the applicable Rules related to refund to consumers/ unregistered persons for cancelled contracts and where the time limit for making any changes by the supplier of service has expired.

Few Words Before Budget of 2023-24

January 9, 2023 945 Views 1 comment Print

Explore critical pre-budget concerns for India’s 2023-24 fiscal year. Uncover challenges such as job generation, rural-urban employment disparities, and the impact of automation on job opportunities. Delve into the ailing state of the agricultural sector, highlighting issues like shrinking arable land, youth aversion to farming, and inadequate cold storage infrastructure. Lastly, scrutinize the mismanaged taxation system, addressing repressive indirect taxes and an inefficient direct tax structure. Will the upcoming budget effectively tackle these impending challenges and sustain the nation’s economic stability

ITAT adopted findings of CIT(A) as its own – HC held order is without application of mind

January 9, 2023 861 Views 0 comment Print

Calcutta HC order in on how an order should not be drafted where Tribunal adopted finding of CIT(A) verbatim as its own findings

Receipts of Hire Charges in hire-purchase transactions would not attract Interest Tax Act, 1974: SC

January 9, 2023 1038 Views 0 comment Print

The Hon’ble Supreme Court observed while allowing the appeal that as per Circular No. 760 dated 13th January 1998, the CBDT have stated that in case of transactions which are, in substance, in the nature of hire-purchase, the receipts of hire charges would not be in the nature of interest and hence assessee were liable to pay interest under Interest-Tax Act, 1974.

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