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Archive: January, 2023

Posts in January, 2023

Matter set aside as facts not examined properly by lower authorities

January 5, 2023 381 Views 0 comment Print

ITAT Mumbai set aside the matter for fresh adjudication as none of the aspects and the relevant facts have been properly looked into and examined by the lower authorities

Interest liability is appended on confirmation of differential duty

January 5, 2023 1260 Views 0 comment Print

CESTAT Mumbai held that confirmation of differential duty necessarily has interest liability appended to it Accordingly liability to pay interest on duties short-paid at the time of clearance of goods for captive consumption does not get erased.

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 1299 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

Disallowance of set off of brough forward loss sustained as return filed beyond time limit

January 5, 2023 3387 Views 0 comment Print

ITAT Mumbai held as books of accounts of assessee are not need to be audited hence return of income has to be filed on or before 31st July As return filed beyond time limit disallowance of set off of brought forward loss sustained.

Evidences needed to prove activity of running tuition centres undertaken for charitable purpose

January 5, 2023 1362 Views 0 comment Print

ITAT Mumbai held that activity of running tuition centres can be considered as undertaken for charitable purpose under relief of the poor only if the same is proved with necessary evidence.

ICAI guidance for calculating turnover in case of derivatives is valid

January 5, 2023 26118 Views 0 comment Print

Validity of the ICAI guidance for calculating the turnover in case of derivatives has been reiterated by various judicial precedence. ICAI as an expert body of accountants and guidance note on tax audit issued by them can be relied upon in absence of any statutory provision for computation of turnover in such cases.

Fees for training to Employees on soft skill & general topics cannot be treated as FTS

January 5, 2023 5703 Views 0 comment Print

ITAT held that payment of Fees for training to Employees on soft skill & general topics cannot be treated as Fees for Technical Services (FTS)

HC directs AO to issue fresh SCN with an open mind without pre-deciding any issue

January 5, 2023 2622 Views 0 comment Print

HC held that we are confident that very same officer will have an open mind and issue a show cause notice in a proper manner giving adequate opportunity to the appellants to submit their reply and it is thereafter the show cause notice has to be adjudicated

Orissa VAT: HC quashes Assessment order as report after audit visit not submitted within 7 days

January 5, 2023 1224 Views 0 comment Print

Mandatory nature of time limits set out in Section 41(4) of OVAT Act that report must be submitted within 7 days of conclusion of audit visit

ITAT deletes Addition for share application/premium received

January 5, 2023 468 Views 0 comment Print

A.G. Ferro Cast P Ltd Vs ITO (ITAT Kolkata) A perusal of the assessment order reveals that the order of the Assessing Officer is short and cryptic wherein no reasoning has been given as to why the Assessing Officer has treated the share application/share premium received from one party M/s Lagan Vincom Pvt. Ltd. as […]

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