Follow Us:

Archive: January, 2023

Posts in January, 2023

GST Exemptions In Banking Industry (financial services)

January 8, 2023 23178 Views 0 comment Print

Banks and financial institutions provide a bouquet of financial services relating to lending or borrowing of money or investments in money. In this article, I would be discussing various exemptions available under GST for availing banking services.

ITR-U : The great anomaly in an interpretation of section 140B of Income Tax Act, 1961 by CBDT

January 8, 2023 13053 Views 1 comment Print

Unraveling the anomaly in section 140B of the Income Tax Act, 1961 by CBDT – ITR-U. Delve into the complexities when an updated return impacts the refund, causing illogical consequences. Explore the need for reconsideration and amendments for a more balanced tax framework.

Receipt of amount via banking channel doesn’t make transaction genuine

January 8, 2023 4512 Views 0 comment Print

ITAT Ahmedabad held that mere receipt of amount via banking channel doesn’t make the transaction as genuine. Addition u/s 68 of the Income Tax Act sustainable because of non-establishment of identity of creditor, genuineness of transaction and credit worthiness of the parties.

Revisional order u/s 263 not invocable if AO duly applied his mind

January 8, 2023 996 Views 0 comment Print

ITAT Mumbai held that revisional order u/s 263 cannot be invoked if Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter.

Provision for leave encashment and gratuity is allowable in book profit computed u/s 115JB

January 8, 2023 2760 Views 0 comment Print

ITAT Chennai held that addition of provisions for leave encashment and provision for gratuity to book profit computed u/s 115JB unsustainable as the same is ascertained liability.

Denial of deduction u/s 54 for mere technical breach is unjustified

January 8, 2023 2196 Views 0 comment Print

ITAT Chennai held that benefit of deduction under section 54 of the Income Tax Act cannot be denied for mere technical breach when the assessee has satisfied all the prescribed conditions.

After 30.06.2017 Cenvat credit arising out of legacy shall be refunded to assessee in cash

January 8, 2023 1749 Views 0 comment Print

Gabriel India Limited Vs Commissioner, Central Goods & Service Tax and Central Excise (CESTAT Delhi) w.e.f. 01.07.2017, the Government of India had introduced GST regime which has replaced earlier Cenvat Credit Rules, 2004 with transitional period of 30 days. Accordingly, after 30.07.2017, no assessee is permitted to avail credit in the cenvat credit account. As […]

Addition based on Information from NSE not valid if Assessee not given sufficient time

January 8, 2023 1008 Views 0 comment Print

Lilaben Bhagabhai Patel Vs ITO (ITAT Ahmedabad) CIT(A) has categorically observed that the print out of share trading from the brokers related to share transaction statement was unsigned documents and the Assessing Officer has taken the loss on the basis of information provided by National Stock Exchange, Bombay. It is pertinent to note that the […]

Only net result of unaccounted purchases & sales is taxable

January 8, 2023 4323 Views 0 comment Print

We do not agree with the reasons given by the AO for the simple reason that when survey team was noticed unaccounted purchases & unaccounted sales and also difference has been treated as unaccounted income of the assessee, then question of making further additions towards unaccounted purchases does not arise. Moreover, it is only net result of unaccounted purchases & unaccounted sales, needs to be taxed.

Settlement Commission cannot grant immunity from Interest Liability on or after 01.06.2007

January 8, 2023 1044 Views 0 comment Print

Section 127H of the Act of 1962 confers power on the Settlement Commission to grant immunity from prosecution and penalty. Section 127H(1) as it read prior to 1 June 2007 empowered the Settlement Commission, upon satisfaction of the conditions laid down in the provisions, to grant immunity either wholly or in part from the imposition of any penalty, fine and interest.

Search Post by Date
April 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
27282930