"January, 2023" Archive - Page 146

ITAT quashes section 147 proceeding as approval was granted by JCIT without verifying recorded reasons  

Shri Tehmul B. Sethana Vs DCIT (ITAT Ahmedabad)

In present case approval has been granted by the ld. JCIT without verifying the reasons recorded by the AO for initiating the proceedings under section 147 of the Act which is contrary to the provisions of law....

AO cannot deny opportunity of hearing through video conference in Faceless Assessment

Chandubhai Dhanabhai Vaghela Vs National Faceless Assessment Centre (Gujarat High Court)

HC held that Once there is a request for personal hearing and as the law provides for availing the opportunity of personal hearing, this unilateral decision on the part of the assessing officer without availing opportunity of hearing is contrary to Section 144B (9) of the Income-Tax Act, 1961...

Section 274 Show cause notice is defective if not specify charge against assessee

Anchal Towers Pvt. Ltd. Vs ITO (ITAT Kolkata)

Show cause notice issued u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective....

Section 45(4) Applicability to a Real Estate Developer Firm

The amendment to section 45(4) of the Income Tax Act, 1961 with effect from 01/04/2021 (FY 2020-21) has raised more issues than solved any. The legislature, in a hurry to collect more revenue and that too front end has brought in a very complex provision in the form of amended section 45(4). The said provision […]...

Posted Under: Income Tax |

Patent Infringement in India

A patent is the most important form of Intellectual Property. The government granted a set of absolute rights to an inventor or its assignee for a limited period, in exchange for public disclosure of the invention. In simple words, “Patent Infringement” means encroachment upon the patent rights of the patent holder or patentee, wher...

Posted Under: Income Tax |

ITAT deletes addition on account of delayed payment of employees contribution to Provident Fund

ITAT Mumbai in the case of P R Packaging Service Vs ACIT (ITAT Mumbai), Appeal Number : ITA No. 2376/Mum/2022 vide Order dated 07/12/2022 differentiates ruling of apex court given in Checkmate Services Pvt. Ltd vs. CIT and deletes addition on account of delayed payment of employees contribution to Provident Fund. Controversy The issue bef...

Posted Under: Income Tax |

Attachment notice issued without any assessment under section 73 or 74 for the tax demanded not valid – madras high court

Rayan Traders vs Principal Chief Commissioner of GST (Madras High court)

Rayan Traders vs Principal Chief Commissioner of GST (Madras High court) It is an admitted position in this case that there has been no order of assessment or any other order passed under the applicable provisions making a determination of the aforesaid amount as being ‘due’ from the petitioner. Neither has the petitioner been...

Addition for difference in form 26AS due to service tax is not sustainable

Smt. Taraben Jayantilal Patel Vs The DCIT-CPC (ITAT Ahmedabad)

Smt. Taraben Jayantilal Patel Vs DCIT-CPC (ITAT Ahmedabad) The appellant has computed ‘income from house property’ excluding of service tax whereas in Form 26AS it is inclusive of service tax. The order dated 06.08.2019 upon rectification under Section 154 of the Act, the income under the head ‘income from house property’ was comp...

Section 35(2AB): Cut of date mentioned in DSIT certificate is of no relevance

ACIT Vs Rex-tone Industries Ltd. (ITAT Mumbai)

It is held that the cut of date mentioned in the certificate issued by the DSIR would be of no relevance. It is also held that what is to be seen is that the assessee was indulged on R & D activity and had incurred expenditure thereupon and once a certificate by DSIR is issued that would be sufficient to hold that the assessee fulfill the...

GST liability for delay in export – HC directs petitioner to approach jurisdictional GST authority for refund/Reversal

ESL Steel Limited Vs Bharat Heavy Electricals Limited (Jharkhand High Court)

ESL Steel Limited Vs Bharat Heavy Electricals Limited (Jharkhand High Court) The original dispute for which the petitioner came before us was the incidence of tax liability that had fallen upon the petitioner on account of delay in making export within the specified time in terms of the notification dated 23rd October, 2017. Petitioner ha...

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December 2023