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Archive: 16 April 2023

Posts in 16 April 2023

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 2838 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Utilise Your Sundays – Don’t Wait For Form-16

April 16, 2023 5151 Views 0 comment Print

Yes, the season for filing income tax returns is coming closure. Don’t wait for Form-16 and utilise your Sundays in accumulating the documents required for filing return of income.

Section 9(1) of IBC mandate filing of CIRP application 10 days after receipt of demand notice by Corporate Debtor

April 16, 2023 2229 Views 0 comment Print

Provisions of Section 9 of IBC mandates Operational creditor to file CIRP application against Corporate Debtor after expiry of 10 days from date of receipt of demand notice by Corporate Debtor,

Vague Penalty Notice Invalidates Proceedings under section 271(1)(c)

April 16, 2023 699 Views 0 comment Print

ITAT held that if a Penalty notice is vague then penalty proceedings initiated under section 271(1)(c) on that basis were vitiate

HC dismisses GST appeal filed after statutory limitation of 120 days without explanation

April 16, 2023 5829 Views 0 comment Print

The provisions of Section 107 of the Act deal with ‘Appeal’ and provide that an appeal be filed as against any order of the State Goods and Services Tax Act within a period of 90 days. There is a condonable period of one month after the aforesaid period of 90 days, for which the authority may grant condonation, if convinced by the explanation set out by the petitioner. The appeal of petitioner has been filed after a period of 2 months and 17 days, over and above the statutory limitation of 90 + 30 days.

Deputation of own employees for specified Job work in factory of client is not Manpower Supply Services

April 16, 2023 729 Views 0 comment Print

CESTAT held that where service provider had deployed his employees in manufacturing premises of appellant for specified job works, the same cannot be held as Manpower Supply Services.

CESTAT quashes penalty order – As non-director was treated as director in order

April 16, 2023 621 Views 0 comment Print

Unnati Alloys Pvt Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Shri Jitendra Singh, Learned Counsel along with Ms. Reena Rawat, Advocate appeared for the appellants and he submits that as per the impugned order there is no independent finding against the appellants and the adjudicating authority has directly imposed the penalty without giving any reasoning. […]

No section 271(1)(c) penalty when Sustainability of Addition is debatable

April 16, 2023 1185 Views 0 comment Print

Manjulata Sahoo Vs PCIT (ITAT Cuttack) It was the submission that against the order of the Tribunal, the assessee has filed appeal before the Hon’ble Jurisdictional High court of Orissa and the Hon’ble Jurisdictional High Court of Orissa was pleased to admit the appeal of the assessee in ITA No.8 of 2021 vide order dated […]

No Addition for deposits in NRE Account by NRI from his foreign income

April 16, 2023 2001 Views 0 comment Print

Shri Duraisamy Shanmugasundaram Vs ITO (ITAT Chennai) As per assessee’s submissions, the money deposited in NRE account was withdrawn by assessee’s parents in India. The same has been sourced to deposit the same in another NRO account from time to time. However, rejecting assessee’s explanation, Ld. AO held that the cash was not re-deposited within […]

Road permit should not be insisted if Assessee possesses valid e-way bills

April 16, 2023 327 Views 0 comment Print

Tzudi Forest Products Vs State of Assam (Guwahati High Court) The grievance of the petitioner is against the action of the respondents in seeking road permit for transporting goods/forest products after obtaining e-way bills. It is the case of the petitioner that previously, there were check gates but, however after coming into effect the Goods […]

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