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Archive: June, 2023

Posts in June, 2023

Recent Updates In GST till 01st May 2023

June 2, 2023 20562 Views 0 comment Print

Stay updated on recent GST developments until May 1, 2023. Explore insights into India’s economic growth projections, tax revenue expectations, and global positioning. Learn about the initiation of registration verification to counteract fake invoices and tax evasion. Discover CBIC’s advice on integrity in public life and updates on e-invoice thresholds and automated GST return scrutiny.

Meaning of ‘income chargeable to tax’ for time limit under 149(1)(b) for reopening

June 2, 2023 21447 Views 2 comments Print

Sanath Kumar Murali Vs ITO (Karnataka High Court) Petitioner challenged the order  u/s 148A(d)  for AY 2016-2017 & sought for quashing  148 notice before the Karnataka High Court. Notice u/s 148A(b)  was issued to the petitioner stating that information was received which suggested that income chargeable to tax for the AY has escaped assessment within […]

Capital Gain Deduction u/s 54 and 54F simultaneously for a Single Residential House Property

June 2, 2023 43850 Views 12 comments Print

Explore the possibility of claiming deductions under Sections 54 and 54F of the Income Tax Act simultaneously for a single residential house property. Learn about the recent case law involving M/s. Sudhakar Traders, which sheds light on the importance of Proper Officer’s authorization in issuing notices under Section 61 read with Rule 99 of the CGST Act. Stay informed about the conditions and implications of claiming these exemptions concurrently.

Notice In Form ASMT-10 Invalid If Issued by Other Than Proper Officer Without Authorisation

June 2, 2023 9411 Views 0 comment Print

Understand the significance of Proper Officers authorization in issuing notices under Section 61 read with Rule 99 of the CGST Act. Learn from a recent case involving M/s. Sudhakar Traders, where the High Court set aside a notice due to lack of Proper Officer’s authorization. Stay informed about the legal provisions and ensure adherence to transparency and legality in the scrutiny process.

Refund of CENVAT credit pertaining to the period prior to registration cannot be denied

June 2, 2023 2388 Views 0 comment Print

Denial of CENVAT credit for non-registration of premises is not justified as per Section 11B of the Central Excise Act, 1944. Further held that, when conditions like payment of tax and receipt of service are satisfied, in such case credit cannot be denied on the basis that the credit was availed few days before the payment of tax.

Bona fide belief of non-deduction of TDS vis-à-vis default u/s 201(1) and 201(1A) needs re-adjudication

June 2, 2023 1722 Views 0 comment Print

ITAT Mumbai remanded the matter for adjudication of bona fide belief of TDS exemption in case of LTC relating to foreign travel vis-à-vis default u/s 201(1) and 201(1A) of the Income Tax Act.

Payment of mandatory pre-deposit directed against detention order

June 2, 2023 1554 Views 0 comment Print

Madras High Court directed the petitioner to deposit maximum penalty of 200% of the tax involved in detention matter as once the mandatory pre-deposit is complied, the order has no force and all the further recovery proceedings will be subject to final outcome of the appeal.

Condonation of Delay for Non-Filing of Return of Income due to Genuine Hardship

June 2, 2023 21514 Views 2 comments Print

Discover the process of condonation of delay for non-filing of income tax returns due to genuine hardship under Section 139(1) or (4) of the Income Tax Act. Learn about the mandatory filing deadlines, consequences of delayed filing, and the relief provided by Section 139(8A) of the Finance Act, 2022. Explore the conditions and procedures for condonation, including the application process and authorities involved.

Extended period invocable only if there is suppression of facts with intent to evade tax

June 2, 2023 5790 Views 0 comment Print

CESTAT Delhi held that the extended period of limitation could have been invoked only if there was suppression of facts with intent to evade payment of service tax.

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1518 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

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