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Archive: 14 March 2023

Posts in 14 March 2023

Service Tax refund cannot be granted for non-production of original documents / export invoices

March 14, 2023 1209 Views 0 comment Print

Core Minerals Vs Commissioner of Service Tax (CESTAT Chennai) Notification No. 17/2009 dated 07.07.2009 only requires the production of documents and it is not in dispute that the appellant had indeed produced the documents (though a few photocopy of some invoices). Thus, we are of the clear view that the appellant has complied with the […]

In absence of proof Brokerage on Sale of Property not allowable

March 14, 2023 2748 Views 0 comment Print

Lakshminarayana Gupta Vs CIT(A) (ITAT Bangalore) The solitary issue that is raised in this appeal is with regard to the disallowance of brokerage claim amounting to Rs.2,17,000/-. It is claimed that assessee had incurred brokerage of Rs. 3,10,000 regarding sale of a property. The assessee has not produced any proof/evidences to substantiate that he had […]

Are you Ready for FY 2023-24 under GST

March 14, 2023 25641 Views 0 comment Print

Prepare for FY 2023-24 under GST with key steps like reconciling supplies, opting for schemes, applying for LUT, and staying updated on regulatory changes.

No additions in case business advances were made out of business receipts

March 14, 2023 1803 Views 0 comment Print

Where assessee had offered business receipts amounting to Rs 41,81,800/- in his return of income which was sufficient to make business advances of Rs 8,05,000/- there was no justifiable reason to not accept the entries in the cash book corresponding to advances of Rs 8,05,000/- made out of said business receipts.

Provisions of section 68 inapplicable in absence of maintenance of any books of accounts

March 14, 2023 5772 Views 0 comment Print

ITAT Amritsar held that provisions of section 68 of the Income Tax Act is inapplicable as assessee does not maintain any books of accounts. Mere possession of pass book cannot be treated as books of accounts. Accordingly, addition u/s 68 unsustainable.

Character of charitable purpose gets lost when receipts from business activity is more than 20%

March 14, 2023 2031 Views 0 comment Print

ITAT Pune held that as receipts from business activity is more than 20% of the total receipts, character of charitable purpose as given in section 2(15) will be lost and accordingly, exemption under section 11 of the Income Tax Act not available.

Initiation of coercive recovery proceedings without passing of assessment order is invalid

March 14, 2023 1731 Views 0 comment Print

Madras High Court held that initiation of coercive recovery proceedings, by exercising power under section 45 of the Tamil Nadu Value Added Tax Act, 2006, without passing of assessment order is invalid and unsustainable.

SEBI clarifies on computation of minimum net worth

March 14, 2023 6975 Views 0 comment Print

Definition of term `networth’ in SEBI (Issue and listing of Non-convertible securities) Regulations, 2021 is linked to one provided by Companies Act, 2013. Section 2(57) of Companies Act 2013, provides for calculation of networth.

DGFT amends policy for import of marble from Bhutan

March 14, 2023 1743 Views 0 comment Print

Import of 10000 MT of marble [under ITC (HS) Codes 2515 and 6802] shall be allowed from Bhutan without Minimum Import Price each year, subject to valid Registration Certificate issued by the DGFT. The procedure for issuance of Registration Certificate shall be notified separately. Government of India Ministry of Commerce & Industry Department of Commerce […]

In absence of any incriminating documents seized during search- Additions not justified

March 14, 2023 3837 Views 0 comment Print

In absence of any incriminating documents seized during search, AO is not justified in making addition in non-abated assessment orders u/S 153-A r/W Sec 143(3) of Income Tax Act of 1961.

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