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Archive: January, 2023

Posts in January, 2023

Deduction u/s 80P(2)(d) available on dividend & interest from investment with co-op bank

January 1, 2023 3354 Views 0 comment Print

ITAT Rajkot held that dividend income and interest earned on surplus held with cooperative bank would be eligible for deduction under Sec.80P(2)(d) of the Income Tax Act.

Cenvat eligible on insurance premium paid for group insurance of employees opting under VSS

January 1, 2023 1629 Views 0 comment Print

Reliance Industries Ltd Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) CESTAT Mumbai held that insurance premium paid for group insurance to cover employees opting for Voluntary Separation Scheme (VSS) amounts to input service and accordingly cenvat credit available under Cenvat Credit Rules, 2004. Facts- The appellant, M/s Reliance Industries Ltd, manufacturer of […]

HC quashed vague GST registration cancellation order with no reasons for cancellation 

January 1, 2023 1749 Views 0 comment Print

The show cause notice issued to the petitioner in this case shows that the same has been issued in Form GST Reg 31, which is the form for issuing a notice regarding suspension of registration.

Service of notice to last known address is valid service

January 1, 2023 4056 Views 0 comment Print

ITAT Rajkot held that service of notice to the last known address of the assessee cannot be held as invalid service of notice as assessee has left the place to unknown location without informing anyone.

Application admitted by ARA vitiated by law if investigation already commenced prior to filing of application

January 1, 2023 921 Views 0 comment Print

When investigation has already commenced prior to the filing of application, the ARA shall not admit the application as per proviso to sub-section (2) of Section 98, we are of the view that the ARA should not have admitted the application in the instant case and issued its ruling.

Assessee should not suffer for technical fault in department’s system: HC

January 1, 2023 1527 Views 0 comment Print

For the technical fault is in the department’s system, petitioner should not be suffered and victimized respect unless the respondents’ specific case with specific record is that the aforesaid objection of the petitioner was uploaded beyond the time granted.

Section 11 exemption cannot be denied merely for delay in furnishing of Form 10B

January 1, 2023 9630 Views 0 comment Print

Exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B as required under section 12A(b) of the Act.

Section 80P deduction not allowed if Income Tax Return Filed after Due Date wef AY 2018-19

January 1, 2023 17874 Views 1 comment Print

Janki Vaishali Co-operative Housing Society Limited Vs CIT (Appeals)  (ITAT Mumbai) Undisputedly, assessee filed return of income on 24/12/2018 i.e. beyond the due date for filing return of income u/s. 139(1) of the Act for the Assessment Year 2018­19. The solitary reason for denying benefit of deduction u/s 80P of the Act is that the […]

Co-Op Society can Claim section 80P(2)(d) Deduction of Interest from Deposits in Co-Op Banks

January 1, 2023 2109 Views 0 comment Print

Ashoka Palace Co-op. Hsg. Soc. Ltd. Vs ITO (ITAT Mumbai) The issue whether interest income derived from deposits with cooperative banks is eligible for deduction under section 80P(2)(d) of the Act or not has been considered by Tribunal in catena of decisions. The Co-ordinate Bench in the case of Kaliandas Udyog Bhavan Premises Co-op Society […]

HC quashed order rejecting GST refund without serving relevant notice to petitioner

January 1, 2023 906 Views 0 comment Print

Adisan Laboratories Pvt. Ltd. Vs Union of India (Bombay High Court) The Petitioners have challenged the order passed by the Assistant Commissioner, Central Tax, Pune -1 Commissionerate, Pune dated 31 May 2022 rejecting the claim of the Petitioners for refund due to account of Input Tax Credit accumulated due to inverted duty structure. The procedure […]

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