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Archive: May, 2023

Posts in May, 2023

Assessment order passed u/s 143(3) beyond time limit prescribed u/s 153 is time barred

May 13, 2023 5109 Views 0 comment Print

ITAT Mumbai held that assessment order passed u/s 143(3) beyond time limit prescribed under section 153 of the Income Tax Act is time barred and bad in law.

WBVAT: Order against Resigned Director – HC directs Magistrate to pass speaking order

May 13, 2023 624 Views 0 comment Print

Sushil Kumar Gupta & Ors. Vs State of West Bengal & Anr. (Calcutta High Court) Learned advocate for the petitioners submits before this Court that the present petitioner No.-3 has resigned from the company as a Director in the year 1994 and the other petitioners have no connection in the alleged occurrence of offence, however […]

Forfeited share capital is Capital Receipt & not taxable under section 56(2)(ix)

May 13, 2023 7383 Views 0 comment Print

Mangal Credit and Fincorp Ltd. Vs DCIT (ITAT Mumbai) In the instant case, the assessee has received money on issuing share capital in the form of exercise of rights in share warrants. The share capital so collected by the assessee is not in the course of negotiations for transfer of capital asset. The shares so […]

Belated Section 139(3) Return – No prohibition to adjust brought forward losses 

May 13, 2023 987 Views 0 comment Print

assessee has filed the return of income belatedly for the year under consideration but there is no prohibition to adjust the brought forward losses against the income declared belatedly in the return of income under the provision of section 139(3) of the Act.

Service tax cannot be demanded by Kolkata unit if Visakhapatnam unit already initiated action 

May 13, 2023 417 Views 0 comment Print

Visakhapatnam Service Tax Commissionerate has initiated separate action against the Respondent at their Visakhapatnam unit for non payment of appropriate service tax there.

CESTAT allows Abatement in Construction Contract based on CA Certificate

May 13, 2023 537 Views 0 comment Print

Certificates issued by the Chartered Accountant and Chartered Engineer, go on to establish the fact of use of material in the work executed by the appellants. Therefore, we are of the considered opinion that the contract was not simplicitior but was a composite contract. Therefore, we find that the appellants are entitled for the abatement of 67% of the value as claimed by them. 

Penalty order cannot be dismissed for settlement of Quantum addition under VSVS

May 13, 2023 1896 Views 0 comment Print

Penalty was levied under section 271 B of the Act on the ground that tax audit report under section 44AB of the Act was not filed by the assessee before filing of return of income and no explanation was given.

GST: Adverse order cannot be passed without providing opportunity of hearing even if not asked

May 13, 2023 1599 Views 0 comment Print

HC held that even without any request for personal hearing by an assessee, officer must have to provide personal opportunity of hearing, if the order is contemplated to be adverse.

ITR 2 filing is started now for F.Y.2022-23/A.Y.2023-24

May 13, 2023 8937 Views 5 comments Print

The Indian Income Tax Department has recently opened the ITR-2 filing window, enabling individuals and Hindu Undivided Families (HUFs) to report their non-business income from various sources. ITR-2 holds significant relevance for taxpayers who earn income from sources such as salary, pension, house property, capital gains, or other non-business sources, making it imperative for taxpayers […]

Limited Liability Partnership (LLP) Disputes: Exploring Various Options to Resolve the Dispute Between Partners

May 13, 2023 7363 Views 0 comment Print

Navigate Limited Liability Partnership (LLP) disputes effectively! Explore resolution options, LLP Agreement significance, removal possibilities, and entitlements. Get insights into capital contribution, interest, rent, and choose between arbitration and commercial litigation for dispute resolution.

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