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Archive: 21 April 2023

Posts in 21 April 2023

Interest/Salary received by Partner from partnership Firm Assessable as Business Income

April 21, 2023 15408 Views 0 comment Print

ITAT held that as per specific provision of Section 28(v) of the Income Tax any interest, salary etc. earned by a partner from a partnership firm is taxable under the head profit and gains of business or profession and there is no question of categorizing it under the head income from other sources.

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 2181 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 1680 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Palpable error in e-way bill & Tax Invoice amount is human error: HC

April 21, 2023 1935 Views 0 comment Print

In tax invoice the amount has been mentioned as Rs.1,97,047.86 whereas in e-Way Bill it has been mentioned as Rs.197047086.00. There is palpable error in e-way bill, which may be construed to be an human error

Merely not producing original bills cannot make purchase bogus

April 21, 2023 756 Views 0 comment Print

Assessee through bills established co-relation between sales and purchase and merely not producing original bills cannot make purchase bogus

Out of the Frying Pan Into the Fire? Advancing India’s Digital Labour Perspective

April 21, 2023 726 Views 0 comment Print

India’s digital aspirations are rapidly transforming the country’s economic landscape and labor market. With a population of over 1.3 billion people and a growing middle class, India has emerged as a global leader in the digital domain, with ambitious goals to leverage technology for economic growth and social development.

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 699 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

GSTAT not constituted: Limitation for preferring appeal before GSTAT

April 21, 2023 1038 Views 0 comment Print

limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.

NFRA penalises Auditor of ‘SRS Ltd’ & debar for 3 years for Audit lapses

April 21, 2023 2901 Views 0 comment Print

Lapses relate to the EP’s failure to identify and report material mistatements in the financial statements, standard of audit work performed falling way below the mandatory standards prescribed under the Act and required of an auditor of a PIE.

Jurisprudence of Substance based assessment of transactions under Section 54F

April 21, 2023 3975 Views 0 comment Print

There are certain cases where the transaction in its entirety starting from the sale of the original asset till the purchase or construction of the new assets is called into question as a colourable transaction done with the sole purpose of evasion of capital gain tax.

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