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Archive: 19 January 2023

Posts in 19 January 2023

Rejection of books of accounts on the basis of high consumption of electricity justifiable

January 19, 2023 1881 Views 0 comment Print

Allahabad High Court held that excessive power consumption, prima facie, establishes the intention to suppress the production and the turnover. Accordingly, the books of account can be rejected on the basis of high consumption of electricity.

Reassessment only on account of ‘change of opinion’ is liable to be struck down

January 19, 2023 1164 Views 0 comment Print

Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down.

Re-opening of assessment unjustified as complete disclosure of primary material facts already submitted

January 19, 2023 795 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 147 of the Income Tax Act is unjustified as the assessee provided complete disclosure of all the primary material facts during the scrutiny assessment.

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 3846 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 5211 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

Re-opening of assessment merely based on information from DGIT(Inv.) is untenable

January 19, 2023 1380 Views 0 comment Print

ITAT Mumbai held that re-opening of assessment without ‘reason to believe’ simply based on the information from DGIT(Inv.) is untenable in law.

Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1314 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

No Service Tax on health care services provided by clinical establishments by engaging consultant doctors

January 19, 2023 1713 Views 0 comment Print

Held that, there is no legal justification to tax the share of clinical establishments on the ground that they have supported the commerce or business of doctors by providing infrastructure and such assertion is neither factually nor legally sustainable. Further held that, clinical establishments providing health care services are exempted from the levy of Service Tax

Duty demand on test production is unsustainable in law

January 19, 2023 798 Views 0 comment Print

CESTAT Delhi held that the appellant had done only test production and hence duty demand on the same is unsustainable in law.

TDS applicability on purchase of goods under section 194Q

January 19, 2023 556494 Views 14 comments Print

Discover the applicability of TDS under section 194Q of the Income Tax Act for purchase of goods of value exceeding INR 50 Lakhs. Get to know how the provision, effective from 1st July 2021, affects you, here!

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