Sponsored
    Follow Us:

Archive: 21 April 2023

Posts in 21 April 2023

Professional fee Payment to Doctors cannot be disallowed by treating as Referral Fee

April 21, 2023 1260 Views 0 comment Print

ITO Vs Dipen M. Desai (ITAT Ahmedabad) It is an undisputed fact that the assessee has made payment of Rs.4,98,225/-to the Doctors as their professional fees and the same cannot be termed as referral fees. In fact, the ld AR at the time of argument submitted that the terminology of referral fees was wrongly interpreted […]

IRP can reduce admitted claim based on Arbitration award

April 21, 2023 1017 Views 0 comment Print

NCLAT held that The Resolution Professional has calculated the claim of the Appellant as per the award dated 19.01.2018. Appellant who has himself initiated the Arbitration Proceeding cannot deny that he is bound by the award which was delivered in his favour.

Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 267 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

Order passed without giving opportunity to petitioner is remanded back to AO by HC

April 21, 2023 342 Views 0 comment Print

order has been passed without any giving opportunity to the petitioner to produce the relevant documents which were in his custody, is being set aside and the matter is being remanded back to the Assessing Officer to pass a fresh order after giving one opportunity to petitioner

Section 271(1)(c) Penalty cannot be levied without issuing proper SCN

April 21, 2023 2931 Views 0 comment Print

If initiation of penalty is one limb & levy of penalty is on other limb, then in absence of proper SCN, there is no merit in levy of penalty

GST: HC directs release of vehicle on furnishing bank guarantee for Penalty

April 21, 2023 1248 Views 0 comment Print

GST -Petitioner undertakes that it shall furnish bank guarantee of amount equal to penalty, so that authority can release vehicle.

Job Termination due to Misconduct – Section 10(12) exemption not alllowed

April 21, 2023 996 Views 0 comment Print

Vineet Sethi Vs ITO (ITAT Bangalore) The assessee has been terminated vide letter issued by TBM Consultants India Pvt. Ltd. dated 23.2.2016 due to misconduct of the assessee, wherein it was alleged that assessee has been indulging in activities, which are prejudicial to the interest of the employer company and assessee was promoting and carrying […]

Technical glitches on Portal- CBDT should extend due to file returns/tax audit reports

April 21, 2023 16557 Views 1 comment Print

All Odisha Tax Advocates Association Vs Union of India (Orissa High Court) HC held that Considering that the Department has itself acknowledge that there have been technical glitches which have prevented many Assesses from filing their returns and tax audit reports within time, and taking a cue from the aforementioned judgment of the Gujarat High […]

Non-Constitution of GSTAT: HC stays Demand subject to payment of 20%

April 21, 2023 567 Views 0 comment Print

Arati Construction Vs Joint Commissioner of State Tax (Appeal) (Orissa High Court) In the event the petitioner wants to avail the remedy by preferring appeal before the 2nd appellate tribunal then the petitioner is liable to pay 20% balance disputed tax for consideration of its appeal by the 2nd GST appellate tribunal GSTAT). Since the […]

Non compliance of E-notices due to closure of Companies operations is reasonable cause

April 21, 2023 447 Views 0 comment Print

The assessee however submitted that its operations were closed and being no regular employee looking after the matter, the notices issued by the Learned CIT(A) could not be complied.

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031