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Archive: February, 2023

Posts in February, 2023

Reopening of assessment and imposition of penalty set aside as AO failed to satisfy HC direction

February 21, 2023 2700 Views 0 comment Print

Bombay High Court held that AO failed to satisfy the direction given by the court while issuing notice under section 148 of the Income Tax Act. Accordingly, order for reopening of assessment and demanding penalty u/s 271(1)(c) are quashed and set aside.

Battle on Freebies to doctors before AY 2010-11

February 21, 2023 1386 Views 0 comment Print

Battle on Freebies to doctors before AY 2010-11 To reopen assessment, the reasons recorded must be clear & unambiguous. How Read this blog post for The Bombay High Court ruling.

Catalyst used as consumables is allowable revenue expenditure

February 21, 2023 1665 Views 0 comment Print

ITAT Mumbai held that catalyst expenditure merely used as consumables is revenue expenditure. Accordingly, the same is allowable as deduction.

If foundational allegation found to be false/non-existing, entire subsequent proceedings would collapse

February 21, 2023 2565 Views 0 comment Print

If foundational allegation is missing in notice issued under Section 148A(b), the same cannot be incorporated by issuing a supplementary notice.

Granting of license to developer doesn’t amount to possession within meaning of section 53A of TP Act

February 21, 2023 3723 Views 0 comment Print

Bombay High Court held that granting of license to developer (who entered into assessees land for the purpose of development) doesnt amount to ‘allowing the possession of the land within the meaning of section 53A of the Transfer of Property Act.

Penalty u/s 112 against steamer agent unsustainable as relevant confiscation and duty liability set aside

February 21, 2023 1092 Views 0 comment Print

CESTAT Bangalore held that penalty under section 112 of the Customs Act against steamer agent unsustainable as confiscation of the said vessel for alleged violations of chapter VI of Customs Act, 1962 as well as the duty liability arising from misuse of ‘ship stores’ and ‘bunkers’ set aside.

Reversal of ITC in case of non-payment of tax by supplier & reavailment thereof (New Rule 37A)

February 21, 2023 9462 Views 0 comment Print

NEW Rule 37A prescribe mechanism for reversal of ITC by a registered person in event of non-payment of tax by supplier by a specified date and mechanism for re-availment of such credit

No Service Tax can be levied on take-away/parcel food from restaurants

February 21, 2023 4053 Views 0 comment Print

HC Held that, no Service Tax can be levied on the activity of take-away of food items as it would amount to sale of goods wherein, element of service such as dining facility, washing area and clearing of the tables are not involved.

Minor discrepancy in the e-way bill would not attract penalty proceedings

February 21, 2023 3792 Views 0 comment Print

HC Held that, minor discrepancy in mentioning registration number of vehicle in e-way bill would not attract proceedings for penalty under Section 129 of CGST Act

GSTR-2B under GST provisions and rules related thereto

February 21, 2023 6327 Views 0 comment Print

Main source of FORM GSTR-2B is Rule 60(7) of CGST Rules which specify that an auto-drafted statement containing details of input tax credit shall be made available to registered person in FORM GSTR-2B, for every month electronically through common portal. 

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