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Archive: 13 January 2023

Posts in 13 January 2023

No Section 271(1 )(c) penalty on addition under Section 50C

January 13, 2023 8727 Views 0 comment Print

Assessee not liable for penalty under Section 271(1 )(c) when an addition is being made with the help of deeming provision of Section 50C

Section 263 cannot be invoked for non-verification in year of transfer of utilization of amount deposited in Capital Gain Account

January 13, 2023 819 Views 0 comment Print

Any action on part of the Assessing officer to verify utilization of amount deposited in capital gains account scheme needs to be undertaken or examined in the year when the period of three years from the date of transfer of original asset expires and not in year of transfer of original asset.

Section 234E TDS late Return filing fee applicable from 01-06-2015

January 13, 2023 1299 Views 0 comment Print

Section 200A deals with processing of TDS statement & Clause (c) of sub-section (1) of section 200A was inserted w.e.f. 01-06-2015 providing for levy of fee u/s. 234E

Section 142A valuation provisions not applicable to ready built house

January 13, 2023 2238 Views 0 comment Print

ITAT held that Investment referred  in Section 142A pertains to Investment made by  assessee in construction of property and not investment made in purchase of  ready built house property.

HC Quashes GST order passed by Commissioner (A) without considering points taken by petitioner 

January 13, 2023 1278 Views 0 comment Print

It is observed that vide impugned order passed by Additional Commissioner (Appeal), the appeal of the petitioner against the order passed by Assistant Commissioner of State Taxes under Section 74 of BGST Act, 2017; and summary of order in Form GST DRC-07 has been rejected without considering the points taken by the petitioner in gross violation of principles of natural justice.

MCA imposes ₹ 20.61 Lakh penalty on Infonic India Financial Services Private Limited

January 13, 2023 621 Views 0 comment Print

MCA imposes total penalty of Rs. 16,61,000 on ‘Infonic India Financial Services Private Limited’ and its directors for violation of Section 92 (non-filing of Annual Return) and 137 (non-filing of Financial Statement) of the Companies Act, 2013 for the financial year 2017-18, 2018-19, 2019-2020 & 2020-21. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS OFFICE OF […]

HC quashes non-speaking order passed against two PAN numbers   

January 13, 2023 1317 Views 0 comment Print

Appellants to file a representation before assessing officer and explaining as to why two PAN numbers were obtained by appellants / assessee.

TCS on Scrap- No time line prescribed for filing of declaration to claim exemption

January 13, 2023 2016 Views 0 comment Print

Falgun N. Sheth Vs ITO (ITAT Rajkot) The plain reading of the provision of law as provided in section 206C(1A) of the Act would bring out there is no time line prescribed for filing of such declaration. Nothing to this effect has been brought to our notice by the ld. DR; nor is it his […]

Authorities should decide even ex parte proceedings as per facts & law

January 13, 2023 2904 Views 0 comment Print

HC find that authorities not to have adjudicated matter on attending facts and circumstances. All issues of fact and law ought to have been dealt with, even if proceedings were ex parte in nature.

Non-filing of Statutory Returns – MCA imposes penalty of ₹ 16.61 Lakh  

January 13, 2023 270 Views 0 comment Print

MCA imposes total penalty of Rs. 16,61,000 on ‘Star Solar Energy Systems India Private Limited‘ and its directors for violation of Section 92 (non-filing of Annual Return) and 137 (non-filing of Financial Statement) of the Companies Act, 2013 for the financial year 2017-18, 2018-19, 2019-2020 & 2020-21. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS OFFICE […]

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