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Archive: 17 February 2023

Posts in 17 February 2023

Mere unsustainable claim not amounts to furnishing inaccurate particulars of Income

February 17, 2023 1059 Views 0 comment Print

Galaxy Construction and Contractors Pvt. Ltd. Vs DCIT (ITAT Pune) The issue in the present appeal relates to levy of penalty under the provisions of section 271(1)(c) of the Act. The penalty was levied by the Assessing Officer in respect of addition made under the provisions of section 36(1)(iii) of the Act. It is an […]

Jurisdiction of Assessee cannot be transferred Automatically to Jurisdiction of Company in which he is director

February 17, 2023 2250 Views 0 comment Print

Petitioner was surprised that jurisdiction had been shifted from Bhubaneswar to Balasore and he accordingly filed an objection on 10th March, 2016.

Notification No. 17/09-ST is not service specific but is service provider specific

February 17, 2023 546 Views 0 comment Print

Laviosa Trimex Industries Pvt Ltd Vs C.C.E. & S.T (CESTAT Ahmedabad) Appellant is a CHA and they have issued the invoices showing the description as Custom House Agency Service Charges. Therefore, there is no dispute that the services on which the refund claim was made is indeed CHA Service. Moreover, even if any other service […]

ITAT deletes Addition for cash kept for Medical Emergency deposited during Demonetization

February 17, 2023 1215 Views 0 comment Print

Krishna Goyal Vs ACIT (ITAT Delhi) In course of assessment proceedings, the assessee has explained the source of deposits in the bank account to be out of the withdrawals made from the very same bank account. However, the Assessing Officer as well as learned Commissioner (Appeals) have partly accepted the explanation of the assessee only […]

ITAT deletes part addition for Agricultural Produce considering reasonable quantum of sale proceeds

February 17, 2023 498 Views 0 comment Print

Assessee has established on record that it had receipts from sale of agricultural produce, only because some invoices relating to sale are not available, assessee’s claim cannot be More so, considering reasonable quantum of sale proceeds.

Kerala HC Allows Payment of Motor Vehicle Tax arrears in Installments

February 17, 2023 447 Views 0 comment Print

Petitioner prayed for a direction to respondent to accept repayment of motor vehicle tax arrears demanded for the vehicle in instalments.

UPVAT on bottles in the form of pat pre-form of plastic bottles

February 17, 2023 531 Views 0 comment Print

Commissioner Commercial Tax U.P. Vs Varun Beverages Ltd. (Allahabad High Court) The short controversy before this Court is that as to whether pat pre-form of plastic bottles which are supplied by the assessee who is manufacturer to various dealers is liable to be taxed @ 4% as mentioned in Schedule-II Part C Entry No.174 of […]

No penalty if Assessee revises return before completion of Assessment & correct Bonafide mistake

February 17, 2023 738 Views 0 comment Print

Shri Altaf Hussain Laskar Vs DCIT (ITAT Guwahati) The case of the assessee is that he has committed certain mistakes in computing the income originally, whereby certain exempt income was included as taxable and certain perquisites were claimed as exempt in the revised return. In other words, earlier assessee has included the value of LIC […]

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1017 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

Section 11 exemption cannot be denied to trust if Audit Report filed before completion of assessment

February 17, 2023 2178 Views 0 comment Print

DCIT (Exemptions) Vs Nabajuga Educational And Charitable Trust (ITAT Cuttack) At the outset, if the return filed on 31.10.2018 was not accompanied by the audit report, then it was incumbent upon the revenue to issue notice u/s.139(9) of the Act to treat the return filed by the assessee as defective. Admittedly, this has not been […]

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