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Archive: January, 2023

Posts in January, 2023

Revisionary proceedings justified for failure to enquire about bogus transaction from penny stock companies

January 6, 2023 1050 Views 0 comment Print

ITAT Kolkata held that invoking revisionary proceedings justified as AO failed to conduct the enquiry about the bogus transactions inspite of the report of the Investigation Wing containing the list of 84 companies found to be penny stock companies available in the Income Tax Portal.

Charges of Computer-to-Computer Linkage, Commission on Public Issue not leviable to service tax

January 6, 2023 807 Views 0 comment Print

CESTAT Ahmedabad held that service tax is not payable by Stock Broking Company on various charges like Computer to Computer Linkage charges Commission on Public Issue and Inter Settlement charges.

Profit & gains arising from transfer of interest in Hydro Projects taxable under income from business

January 6, 2023 987 Views 0 comment Print

ITAT Pune held that profits and gains arising from transfer of interest in Hydro Projects is income from business and not income under the head ‘short term capital gains’.

Re-assessment based on information from DIT(Inv.)-II office is sustainable

January 6, 2023 1419 Views 0 comment Print

ITAT Pune held that information from the office of DIT (Inv.)-II is a tangible information enabling AO to form a belief that income has escaped assessment and hence proceedings of re-assessment justified.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 2088 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

Extension of time limit for compliance under section 54 to 54GB

January 6, 2023 21357 Views 1 comment Print

For claiming exemption Section 54 to 54 GB of the Act, for which last date falls between 01st April. 2021 to 28th February, 2022 may be completed on or before 31st March 2023.

ITAT deletes Section 271B penalty imposed by AO on commission agent

January 6, 2023 7587 Views 0 comment Print

Bablu Kumar Harinarayan Gupta Vs ITO (ITAT Pune) ITAT held that it is not fit case for levy of penalty u/s 271B merely because the appellant was unable to substantiate the submission that the appellant is only commission agent because there is no obligation on the part of the assessee to get the accounts audited […]

HC restores GST Registration Cancelled by A Non-Speaking Order

January 6, 2023 2196 Views 0 comment Print

Not only the GST Registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed

Section 43CA(4) not applicable to sell agreement executed before 01.04.2013

January 6, 2023 2616 Views 0 comment Print

ITAT held that provisions of sub-section (4) would be applicable in respect of agreement to sell for transfer of an asset which has been executed on or after 1st April, 2013.

Advance from customers cannot be added in computation of Book Profit

January 6, 2023 1971 Views 0 comment Print

ITAT held that if advances received by the assessee from customers on which TDS Credits has been claimed, has been offered as income of subsequent financial years, then the same needs to be recognized as income as and when such income accrues to the assessee.

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