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Archive: 15 February 2023

Posts in 15 February 2023

Audited Books cannot be rejected for Producing Photocopy of Bills instead of original

February 15, 2023 1011 Views 0 comment Print

Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]

Section 263 invocable as non-verification of trade discount vis-à-vis TDS makes assessment order erroneous

February 15, 2023 543 Views 0 comment Print

ITAT Chennai held that AO failed to verify the issue of trade discount in the light of provisions of section 194C-194H and hence the assessment order passed by AO is erroneous. Accordingly revisionary power under section 263 stand invocable.

जीएसटी को किस तरह एक सरल और व्यवहारिक कर बनाया सकता है

February 15, 2023 7647 Views 3 comments Print

गुड्स एंड सर्विस टैक्स को भारत में 2017 में पेश किया गया था और अब 5 साल से अधिक समय बीत चुका है लेकिन जीएसटी परिषद और वित्त मंत्रालय के लगातार प्रयासों के बाद भी व्यापार और उद्योग इसके साथ बहुत सहज नहीं हैं। आइए उन आवश्यक कदमों पर एक नजर डालते हैं और ये […]

Revisionary power u/s 263 not invocable as facts already examined by AO

February 15, 2023 753 Views 0 comment Print

ITAT Mumbai held that revisionary power under section 263 of the Income Tax Act is not invocable for taking second opinion by Pr. CIT as the facts were already examined by AO.

Section 143(1) intimation cannot be issued for invalid return

February 15, 2023 1791 Views 0 comment Print

Rajdhani Institute of Information Technology Vs CIT(A) (ITAT Cuttack) It was the submission that the assessee had been served with a communication dated 21.08.2015 intimating that the return filed by it was a defective return and if the defect was not rectified the return would be treated as invalid. Assessee had not complied with the […]

Claim allowed in scrutiny proceedings cannot be withdrawn by AO by mere change of opinion

February 15, 2023 612 Views 0 comment Print

Once claim has been allowed in scrutiny proceedings, then AO cannot withdraw the claim under section 154, by mere change of opinion and without there being any apparent mistake on record.

Income Tax: Order directing Section 142(2A) special audit must be communicated to Assessee: SC

February 15, 2023 3234 Views 0 comment Print

SC held that order directing special audit under Section 142(2A)  of Income Tax Act, 1961 is required to be communicated to appellant-assessee, so as to know the reasons, and, if required, the assessee can choose to exercise the option to challenge the order. 

ICFAI entitled to Service Tax exemption on its educational programmes

February 15, 2023 921 Views 0 comment Print

An investigation was conducted upon ICFAI and its associates all over India, which resulted into issuance of multiple show cause notices proposing the demand of service tax along with applicable cess, interest and penalty, for the period of October 2007 to September 2009.

ITAT upheld Share Premium addition – 95% of such appeals are filed by Shell Companies

February 15, 2023 948 Views 0 comment Print

Arham Packaging Goods Pvt. Vs I.T.O. (ITAT Kolkata) Normally, we do not hesitate in adjourning the matters on the request of assessees but we find that it is a case of share application and share premium. There are large number of appeals pending on this issue before the Tribunal and out of them, 95% are […]

Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 795 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

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