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Archive: 08 May 2023

Posts in 08 May 2023

Addition u/s 69C merely because assessee dealt with suspected scrips is unsustainable

May 8, 2023 1866 Views 0 comment Print

ITAT Mumbai held that merely because assessee has dealt with suspected scrips, addition u/s 69C is not justified as purchase and sale of scrips were through recognized stock exchange and payments were through banking channel only.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 28062 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

Latest GST Ready Reckoner – 2023

May 8, 2023 138405 Views 3 comments Print

Short, crisp and problem-solving addition of our GST Book titled ‘GST Ready Reckoner – 2023’ Authored by CA Raman Singla at 25% Discount

ITAT deletes section 271F penalty as delay was due to death of CA

May 8, 2023 6324 Views 0 comment Print

Nagarathinam Rajendran Vs ITO (ITAT Chennai) Since the assessee could not file his return of income under section 139(1) of the Act, the Assessing Officer issued notice under section 274 r.w.s. 271 F of the Act. There was no response from the assessee against the penalty notice. Since, the assessee failed to file his return […]

Jurisdiction to levy penalty u/s 271(1)(c) fails for non-application of mind by AO

May 8, 2023 2397 Views 1 comment Print

Dinesh Sitaram Patil Vs ITO (ITAT Pune) We note that, while culminating the reassessment proceeding in the case of the assessee, the Ld. AO vide concluding para placed at page 4 of his order communicated the assessee his action of initiating the penalty proceedings u/s 271(1)(c) of Act for ‘under reporting / mis-reporting’ of income […]

Cash deposited during demonetization: ITAT allows deduction of returned income against peak credit balance

May 8, 2023 4911 Views 0 comment Print

Jatinderpal Singh Vs ITO (ITAT Amritsar) Relying on the decision of ITAT Amritsar in the case of Kulwant Singh v. ITO in ITA No. 519/Asr/2014 dated 19.02.2015 appellant submitted that the credit of the income returned by the assessee should have been allowed from the peak credit balance sustained by the CIT(Appeal). It was submitted […]

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

May 8, 2023 2403 Views 0 comment Print

State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of India, the same cannot be treated as Central or State Government

Demand of extended period not sustainable If no suppression of facts

May 8, 2023 1698 Views 0 comment Print

CESTAT held that since there is no suppression of fact, demand of extended period is not sustainable. Penalty imposed was unwarranted

Amendment in import policy condition of Apples under ITC (HS) 08081000

May 8, 2023 1371 Views 0 comment Print

Import of Apples under ITC (HS) 08081000 is ‘Prohibited’ wherever the CIF Import Price is less than equal to Rs. 50/- per kilogram. Minimum Import Price (MIP) conditions shall not be applicable for imports from Bhutan.

Impact of Budget 2023 – Tax amendment pertaining to MSME payments

May 8, 2023 5457 Views 1 comment Print

Article contains a crisp summary on amendments introduced by Budget 2023 pertaining to MSME payments and implications of amendments on commercial transactions.

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