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Archive: January, 2023

Posts in January, 2023

नए साल पर आयकर दायरा बढ़ने की उम्मीद

January 1, 2023 1836 Views 0 comment Print

वर्ष २०१४ से आयकर मुक्त सीमा जो एक मध्यम वर्गीय के लिए २.५० लाख रुपए प्रति वर्ष की बनी है, वह आज २०२२ में भी वैसी ही है. शायद सरकार को आज भी उम्मीद नहीं है कि करदाता ईमानदारी से टैक्स भरेंगे. ८ करोड़ करदाता में से मात्र १.५० करोड़ करदाता ही आयकर भरता है, […]

HC directs to decide on application for compounding of offence related to TDS

January 1, 2023 1167 Views 0 comment Print

Hemant Nevandram Lalwani Vs ITO (TDS) (Bombay High Court) 1. A complaint u/s. 276B, r/w. section 278B of the Income Tax Act, 1961, relevant to the Financial Year 2016-17, has been filed and is pending before the Court of learned Additional Chief Metropolitan Magistrate’s 38th Court at Mumbai. The said complaint has been filed against […]

Mere change of opinion not based for reopening of assessment

January 1, 2023 783 Views 0 comment Print

Telangana High Court held that as all the material facts were fully and truly disclosed reopening of assessment on mere change of opinion is unsustainable in law.

Non-formation of GST Tribunal: Gujarat HC issues notice to Govt

January 1, 2023 1290 Views 0 comment Print

Firmenich Aromatics Production (India) Private Limited Vs Union of India (Gujarat High Court) 1. The petitioner is a private limited company, registered under the provisions of the Companies Act, 1956, is aggrieved by the action of the respondent authority in rejecting the refund claim of the petitioner vide order dated 29/07/2022 and upholding the refund […]

HC set-aside GST Registration cancellation order passed in violation of Rule 25

January 1, 2023 1281 Views 0 comment Print

Kpm Enterprises Vs The Commissioner, Delhi Goods And Service Tax & Ors (Delhi High Court) Appellant submit that alleged inspection by GST department, is in violation of the Rule 25 of 2017 GST Rules as the petitioner was not afforded any opportunity to be present at the site. Further, the respondent has also not uploaded […]

Keyman Insurance Policy premium is allowable business expenditure

January 1, 2023 2271 Views 0 comment Print

ITAT Mumbai held that a Keyman Insurance Policy provides for an insurance policy taken by a business organisation on the life of an employee and hence allowable as business expenditure.

TDS credit cannot be denied to Assessee for Non-Compliance by Deductor

January 1, 2023 1089 Views 0 comment Print

Bulldog Media & Entertainment Pvt. Ltd. Vs CIT (Appeals) (ITAT Mumbai) We observed that assessee has disclosed the total figure of income in A.Y. 2018-19 itself but because of some problem at the end of deductor is not able to claim the full amount of TDS on income declared. Assessee claimed TDS of Rs. 10,14,722/-against […]

GST Registration – An Analysis

January 1, 2023 17760 Views 0 comment Print

Explore nuances of GST registration in India, covering eligibility criteria, procedures, and intricacies of cancellation. Get insights on Section 22, 23, 24, 25, 29, and 30 of CGST Act.

No penalty merely for making a wrong claim due to wrong interpretation of section 54EC

January 1, 2023 915 Views 0 comment Print

P.S. Jayaraman Vs ACIT (ITAT Chennai) Ld. CIT(A) concurred with assessee’s submissions that deduction u/s 54F was solely due to difference in interpretations of the provisions and therefore, the penalty was not to be levied on this count. However, the provisions of Sec. 54EC were clear that the investment in a financial year was not […]

PCIT not entitled to go beyond reasons related to limited scrutiny

January 1, 2023 927 Views 0 comment Print

Sanjiv Kumar Mittal Vs PCIT (ITAT Delhi) On appraisal of the evidences placed before us, we find that vide notice dated 10.08.2018 specific queries were raised by the AO in relation to the issue raised for the purposes of limited scrutiny, i.e., ‘Payment of tax in cash during demonetization period’. In response, the assessee has […]

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